Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 03 March 2015), February 1863 (t18630202).

Old Bailey Proceedings, 2nd February 1863.

CENTRAL CRIMINAL COURT

Sessions Paper.

ROSE, MAYOR.

FOURTH SESSION, HELD FEBRUARY 2D, 1863.

MINUTES OF EVIDENCE,

TAKEN IN SHORT-HAND BY

JAMES DROVER BARNETT

AND

ALEXANDER BUCKLER,

Short-hand Writers to the Court.

ROLLS CHAMBERS, No. 89, CHANCERY LANE.

THE POINTS OF LAW AND PRACTICE,

REVISED AND EDITED BY

ROBERT ORRIDGE, ESQ.

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.

LONDON:

BUTTERWORTHS, 7, FLEET STREET,

Law Publishers to the Queen's Most Excellent Majesty.

1862-63.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of

OYER AND TERMINER AND GAOL DELIVERY

FOR

The City of London,

AND GAOL DELIVERY FOR THE

COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION

OF THE

CENTRAL CRIMINAL COURT,

Held on Monday, February 2d, 1863, and following days.

BEFORE the Right Hon. WILLIAM ANDERSON ROSE, M.P., Lord Mayor of the City of London; Sir William Wightman, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir William Fry Channell, Knt., one of the Barons of Her Majesty's Court of Exchequer; Thomas Sidney, Esq., M.P.; Thomas Quested Finnis, Esq.; and Sir Robert Walter Carden, Knt.; Aldermen of the said City; Russell Gurney, Esq. Q.C., Recorder of the said City; Warren Stormes Hale, Esq.; Benjamin Samuel Phillips, Esq.; Edward Conder, Esq.; Thomas Dakin, Esq.; Robert Besley, Esq.; and John Sills Gibbons, Esq.; Aldermen of the said City; Thomas Chambers, Esq. Q.C., Common Serjeant of the said City; and Robert Malcolm Kerr, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.

JAMES CLARKE LAWRENCE , Esq. Alderman.

HUGH JONES , Esq.

Sheriffs.

FREDERICK FARRAR , Esq.

JOHN MACKRELL . Esq.

Under-Sheriffs.

CENTRAL CRIMINAL COURT.

ROSE, MAYOR. FOURTH SESSION.

A star (*) denotes that prisoners have been previously in custodyâtwo stars (**) that they have been more than once in custodyâan obelisk (â ) that they are known to be the associates of bad charactersâthe figures after the name in the indictment denote the prisoner's age.

274. MARGARET CONNELL (27), SARAH FRANCIS (19), JOHN LOVELL (21), and JOHN POWER (27), were indicted for a robbery on William Rose, and stealing from his person 17s. 2d. in money, his property.

MR. SLEIGHconducted the Prosecution.

WILLIAM ROSE . I am a fishmonger, of 19, Peach-street, St. George's-in-the-Eastâon 19th December, about 11 at night, or it might be later, I was in Peach-street, where a club of our's is heldâI had been drinkingâthe two female prisoners came up to me, and pulled me down, and the two male prisoners came in front of meâI had received 17s. 2d. from the societyâI had a tussle, and held one of the females by her shawl, which she left in my hand, and slipped awayâtwo or three policemen came up while I was on the ground, and took a man and woman in custody.

Cross-examined byMR. RIBTON. Q. Were you struck a blow? A. No; I was not hurt in the leastâI did not lose my moneyâI was too tipsy to tell who the two men were.

COURT. Q. You said that you did know, do you know who the women were? A. No; I cannot swear to the prisoners.

Cross-examined byMR. TAYLOR. Q. Will you swear that there were not three women? A. I am certain there were only twoâI cannot tell you how much money I had, because it was my day's takingsâI lost exactly the money I had received at the clubâI received it about 10 o'clock, and this was about half-past 11.

JAMES LOKER (Policeman, K 334). I was on duty in High-street, Shadwell, heard cries of "Police!" and "Murder!" about 1 in the morning, and went and found the prosecutor on the ground, and Lovell and Power holding him downâI took Lovell in custodyâPower had his hand in the

prosecutor's right-hand waistcoat pocket; he and the two women ran awayâNo. 157 K came up and pursued PowerâI had seen Francis about a quarter of an hour before that, and when I went up to the prosecutor, both these women were three or four feet from himâseveral other women were standing there, but none of them were so close as the two female prisoners.

Cross-examined byMR. RIBTON. Q. Do you know when Power was taken? A. Almost directly after I took the otherâI have had no dispute with Power: I believe he summoned some of my comrades seven or eight months agoâI did not threaten that I would do for himâI know McKayâI did not hear him say soâthere were six or seven women there, but the male prisoners were the only menâfive or six people stopped to see what was the matter, as they passedâit was not dark, it was just under a gas lampâthe prosecutor was lying on his back when I went up, but whether he tumbled or not, I cannot tellâthey did not see me till I took Lovell, whose back was to me, and Power was stooping down, so that he could not see meâLovell was nearest to me; he was between me and Power.

DONALD MCKAY (Policeman, K 275). I heard a rattle springing about 1 o'clock in the morningâI ran to the spot, and saw Connell with her shawl disorderedâI saw No. 157 holding Power, and Locker holding Lovellâthe prosecutor walked behind, and we took them to the stationâI afterwards went to a low coffee-house in Ratcliff, and found Francis thereâI had a description of herâI told her I wanted her for being concerned, with three others, in robbing a man in High-street, Shadwellâshe said that she had just come from home, and had been washing all dayâit was then half-past 1 in the morningâI had seen her that night, wearing a similar shawl to this (produced)âI saw her about 4 o'clock, with the other prisoners, in High-street, ShadwellâPower and Connell live in one house, the other two prisoners sleep anywhere.

Cross-examined byMR. RIBTON. Q. Are you the man whom Power summoned once? A. No; I never threatened to do for himâI have told him that if I saw him about of a night I should lock him up for loiteringâhe summoned one of our men six or seven months agoâI did not take him in custody.

MARK WILLIS (Policeman, K 157). About 1 o'clock on this morning I went to where this disturbance was, and saw Lovell thereâLoker took him in custodyâI took hold of Power, who was going awayâhe was with Connell nine or ten yards ahead, side by side, and I saw him extend his right hand towards Connell, but I did not see Connell do anything.

THE COURTconsidered that there was not sufficient evidence to go to the Jury againstCONNELLandFRANCIS.

MR. ORRIDGEstated that the case had been postponed from last Session, in consequence of the prosecutor's absence in the hospital at Boulogne, who was still unable to travel to this country. He therefore offered no evidence against the prisoners.

NOT GUILTY .

Before Mr. Common Serjeant.

276. HENRY SMITH (45) , Stealing 4 lbs. of tea, and other articles, the property of Thomas Cooper and others, his masters; to which he

PLEADED GUILTY . and the prosecutor stated that he had prosecuted the prisoner's brother for robbing him, in 1857, who was sentenced to four years' penal servitude. Four Years' Penal Servitude.

277. CHARLES BAKER (20) , Feloniously forging and uttering an order for the payment of 20l. with intent to defraud; to which he

PLEADED GUILTY .âHe received a good character.

Confined Twelve Months.

278. RICHARD RUSSELL (34) , Embezzling the Sums of 1l. 17s., 3l. 3s., and 1l. 10s., the property of John Webster and another, his masters.

GUILTY .âRecommended to mercy by the prosecutor.â Confined Six Months.

279. JAMES CODY (14) , Stealing one sovereign, the property of John Connor; to which he

PLEADED GUILTY .**âAn officer stated that the prisoner had been twice summarily convicted and twice in custody for assaulting the police.

Confined Three Months, and Three Years in a Reformatory.

280. GEORGE VIMPANY (48) , Feloniously having in his possession a mould impressed with the obverse and reverse sides of a sovereign; to which he

PLEADED GUILTY .

James Brannan stated that he had known the prisoner for fifteen or sixteen years at a coiner, and that he had been sentenced to ten years' penal servitude in 1848, for uttering counterfeit coin after a previous conviction.

Twenty Years' Penal Servitude.

281. ELLEN COLLINS (30) , Feloniously uttering counterfeit coin after a previous conviction; to which she

PLEADED GUILTY .â Four Years' Penal Servitude.

282. WILLIAM BALLARD (56), and ELIZA BALLARD (37) , Feloniously having in their custody and possession a certain machine used for the purpose of making counterfeit coin.

MESSRS. W. H. COOKEandROWDENconducted the Prosecution.

JAMES BRANNAN . I was formerly an inspector of policeâI am employed by the Mintâon 3rd January I went, in company with other officers, to 17, St. Ann-street, Westminsterâwe found the street-door open, and proceeded upstairs to the second-floor front room, the door of which we found securely fastenedâthere were two doors, one inside the otherâI don't know whether they were both locked; the inner door was boltedâI have the inner door (it was here produced); the bolt was sprungâthe outside door we shattered to piecesâthis is the oak post of the inner doorâwe broke open both the doors, and got into the roomâwe found the prisoners there in bed togetherâI had some conversation with the male prisoner of rather a coarse natureâI said to him, "It is quite certain you intended to resist, by all the means in your power, to prevent anybody making an entry in here"âhe said he did not know what I meantâI said, "By placing this additional extraordinary strong

door inside"âhe said, "The bâdoors about here have got no strength in them"âI told him I had received instructions from the Solicitor to the Mint to endeavour to put a stop to his extensive coining and dealing in counterfeit coin, and that we came there with a Magistrate's search-warrant to search his placeâhe said, "You will find nothing here, unless you have brought it with you"âwe then proceeded to make a searchâI found in the cupboard this galvanic battery, charged with solution in both jars, a quantity of while metal which had been melted, files with white metal in their teeth, a pipkin with a small portion of white metal in it, a pad, a piece of marble with plaster of Paris upon it, as it now appears, a gallipot with some plaster of Paris in it, some brushes, some plaster of Paris in powder, and several bottles containing acidâthere were also two tin bands with plaster of Paris adhering to them, a tin box containing white sand, and a canister containing several pieces of antimonyâsome of these things were in the cupboard, and some in a little drawer close by the cupboard; all in the roomâI have a bag here containing plaster of Paris; that was found in the bottom of the cupboardâthese are all articles used by coiners for the purpose of making counterfeit coin.

Cross-examined byMR. PATER. Q. And for other purposes as well? A. They might be; but there are several things here which I think are not used for any other purposeâI am not now in the police force; I left it in 1857, since which time I have been attached to a branch of the Home-officeâI found the street-door of this house openâI can't say whether it is generally kept open; I have frequently seen it openâI believe the house is let out to several personsâI think we might have been about a minute and a half or two minutes breaking open the door of the room which the prisoners occupied; I did not knock before breaking it openâI did not knock at any other door before we broke this door open, but one of my companions did; that was the door adjoining, on that same floorâI do not know that the male prisoner uses the galvanic battery for the purpose of electro-plating ear-rings and studsâthe other officers went into the room with meâI was in the room perhaps an hour and a half; the other officers were there the greater part of that time; some of them were in and outâI can't say what may have passed between them and the prisoners in the confusionâI attended to my own part of the business.

MR. COOKE. Q. Who broke the door open? A. My son, with the assistance of another officer and myself; we were all standing together on a small landingâInspector Rolls showed me four counterfeit half-sovereigns in the room in the prisoner's presence.

RALPH ROLLS (Police-inspector, B). I accompanied Brannan and the other officers to this houseâwhen we got into the room I found an earthen pot on a sideboard near the fireplace, and in it were these four counterfeit half-sovereigns, wrapped separately in paperâI showed them to Brannan, and said, "Here are counterfeit half sovereigns;" upon which the male prisoner said, "Then I'm bâif you have not brought them here."

Cross-examined. Q. Were you one of the officers who knocked at the other door? A. No; I heard the knockingâI should say that was three or four minutes before the door was broken openâI heard no answer from the insideâI don't know that the street door is continually kept open; I had never been to the house before.

MR. COOKE. Q. Did you five officers go up the stairs one after the other? A. Yes, close together; I was behind, I believeâthose in front went at once with the sledge-hammer to the door that was broken openâwe only

knocked at one room door; there were two doors to that one roomâwe were three or four minutes from first knocking until the door came openâwe did not knock at any separate door; the only knocking was the breaking openâwe went upstairs as fast as we could, and broke the door open immediatelyâI believe there was some knocking at the door of the back room about the same time.

THOMAS MINCHINGTON . I am a bootmaker in Orchard-streetâI am landlord of the house 17, St. Ann-street, Westminsterâthe prisoners were the occupiers of the first-floor front room at that house when I took possession of it three years ago; they afterwards took possession of the second-floor front, and had it near upon three yearsâI was not aware of there being a second door to that room; it was not put by me.

Cross-examined. Q. Do you know whether the prisoners are married? A. I have always understood so; they passed as suchâthey have lived together all that timeâthe street door was invariably kept openâthe house is let out to different persons.

WILLIAM WEBSTER . I am inspector of coin to the Mintâhere are four bad half-sovereigns, all from one mouldâthe different articles produced appear to have been recently usedâthis pot is used for the purpose of melting the metal for the manufacture of counterfeit coin, and this is the kind of metal that is used for itâhere are the wires of the battery, brushes for cleaning the coin, and everything that could be used for the making of counterfeit coin.

COURT. Q. Is this a galvanic battery? A. It is broken now; it was one before it was broken.

JAMES BRANNAN (re-examined). The battery was not broken when I found it; it was then complete, and both jars were charged with solutionâit has perished since, from the effects of the acid.

MR. COOKE, stating that the female prisoner was, in all probability, the wife of the male prisoner, THE COURTwas of opinion there was no case against her, the possession being that of the husband.MR. PATERsubmitted that no legal offence was made out under the 24th sec. of 24 & 25 Vic. c. 99, upon which the indictment was framed; that a galvanic battery did not come within the meaning of the word "machine" used in that section; a machine implying an instrument with a combination of mechanical powers; whereas, the battery was of itself useless.MR. COMMON SERGEANTentertained no doubt that the instrument in the present case came within the term "machine;" it was a regular galvanic battery, completely and scientifically constituted; it was not necessary that it should possess a combination of mechanical powers; a machine was an apparatus consisting of parts more or less complicated, adjusted the one to the other, with a view to the production of a certain result, the individual parts of which would not be of any use; but those parts being adjusted, constituted a machine for a particular object. A similar point arose in the case of Reg. v. Gover, last Session (see page 437), where, having occasion to consider the words of this section, after consultingMR. JUSTICE KEATING, he was of opinion that here was a case to go to the Jury, believing that the words used in this section, "any other machine," had been added for the express purpose of including machines other than those before mentioned.

MR. PATERdid not address the Jury upon the facts.

ELIZA BALLARD.â NOT GUILTY .

WILLIAM BALLARD. GUILTY .â Ten Years' Penal Servitude.

Brannan stated that the prisoner had been engaged in coining for nearly thirty years, but had always escaped detection.

283. ISAAC WHITTY (26) , Feloniously uttering counterfeit coin after a previous conviction; to which he

PLEADED GUILTY .â Four Years' Penal Servitude (see next case).

284. JANE DOOR (17) , Unlawfully uttering counterfeit coin.

MESSRS. W. H. COOKEandORRIDGEconducted the Prosecution.

JOHN BURTON . I am a plumber, living at 5, Queens-square, Hoxtonâon the night of 26th January, about 7 o'clock, I was with John Haines, in Dunstan-street, Kings land-roadâI saw the prisoners Whitty and Door, and from something I observed, I watched themâI followed Door until she came to Bridport-place, Hoxton, about a quarter of a mileâshe went into 52, Bridport-placeâI looked through the window and saw her tender a shilling to Mrs. Anderson's daughterâWhitty was at that time standing about twenty yards off, under a public-house windowâafter Door came out, I immediately went inâMrs. Anderson showed me a shilling, which I markedâI came out again, and saw the female join the male prisoner, and go up an opposite streetâI followed them through various streets, till they came round again within ten yards of the place where the shilling was tenderedâthey went down Poole-street, to a baker's; Door went in for a halfpenny slice of breadâshe did not tender any silver thereâI then followed them down the New North-road, till they came to the corner of Wimbourne-street, to a Mr. Smith'sâthey stood outside the window looking into the shopâDoor then went inâI called the attention of the constable 60 Nâthe male prisoner crossed to the opposite side into a dark street, named Cliff-streetâI went up to him and told him I wanted him for uttering base coinâhe resisted, and ran awayâin running he dropped this doll and this journalâI picked them up and still pursued himâhe then put his band into his coat-pocket, put something into his hand, and threw it away as he was running on to the top of 8, Cliff-streetâI still pursued, and captured him, and gave him into custodyâI afterwards went on to the top of 8, Cliff-street, and there found this purse containing two counterfeit shillings, wrapped up separately in paper.

ELIZA ANDERSON . I live with my mother at Bridport-placeâon 26th January, Door came and asked for a bead-snap which came to a pennyâshe gave me a 1s. in paymentâI gave it to my mother, and gave the prisoner 11d. changeâimmediately after she had gone out, Mr. Burton came in.

MARY ANDERSON . I am the wife of Robert Anderson, of Bridport-placeâon 26th January, my daughter gave me a 1s.âI kept it in my handâMr. Burton came in directly the girl had leftâin consequence of what he said, I looked at the 1s. and found it was badâMr. Burton marked it.

CLEMENTIA SMITH . My father keeps a stationer's shop in Bridewell-placeâon the evening of 26th January, the prisoner came and asked for a copy of the "London Journal," which came to a pennyâshe gave me a 1s. in paymentâit was a bad one, and I gave it back to herâI put it on the counterâat that moment Haines came in and put his hand on her shoulderâshe took the 1s. up in her hand and put it to her mouthâHaines took her away with him.

Prisoner. I was never in that lady's shop. Witness. I am sure she is the person.

JOHN HAINES . I am a carman, and live in the Kingsland-roadâI was with Burton on the night of 26th Januaryâwe followed the two prisonersâI saw the prisoner go into Mrs. Smith's shopâI stopped outsideâshe

produced a shillingâMiss Smith saw it was a bad oneâI went in and touched her on the shoulder as she stood in front of the counter, and she directly put the shilling into her mouth and swallowed itâI took her away with me, and gave her into custody.

Prisoner. I did not swallow the shilling; I was never in the shop; I was outside walking along when he touched me on the shoulder. Witness. She was in the shop; we had a struggle for the shilling in the shop.

JEREMIAH ENRIGHT (Policeman, N 391). Whitty was given into my custody by BurtonâI found on him, seven sixpences, four groats, one 3d. piece, and 3s. 9 1/4 d. in coppers, all good money, a cheap song-book, and a key.

ROBERT COX (Policeman, N 60). The prisoner was given into my custody by HainesâI produce a shilling which I received from Mrs. Anderson, and two in a purse from Burton.

DANIEL SPOKES . I am a grocer, of 86, Great College-street, Camden-townâI deal with Mr. Mumbyâthe prisoner was in his employmentâI paid him 1l. 6s. 3d. this day fortnight, on account of Mr. Mumbyâhe gave me this receipt for it (produced).

CHARLES ROBERTS . I am a grocer, of 71, King-street, Camden-townâon 19th January, I paid the prisoner 2l. 6s. 7d. for Mr. Mumby, and he gave me this receiptâhe signed it in my presence.

CHARLES FIELDS MUMBY . I am a spice merchant, of 2, Botolph-laneâthe prisoner was engaged by me as a town travelerâit was his duty to receive monies, and account to me on his return from his roundâhe entered my service on the 19th January, that was his first day outâhe did not account to me for these two sumsâhe never returnedâhe was taken into custody on the Thursday evening.

ANTHONY WILSON MONGER (City-policeman, 96). I took the prisoner into custody on 27th January, in the street close by his own houseâI said, "I am a police-officer, and shall have to take you in charge for embezzling various sums of money belonging to Mr. Mumby, your master"âhe said it was a bad job, that he had been out collecting orders and monies, that he got beastly drunk in the evening part, and that in crossing Regent's Park he was garroted by three or four men, and robbed of every penny-piece he had about himâI asked him how they garroted himâhe said by pressing his throat very tightlyâI asked him if he did not come home in a cabâhe said, "Yes, I did; I paid the cabman half a crown, which I found remaining in my pocket"âI asked him if he had given information to the police round about the Regent's Park, as there were plenty of them there, and park-keepersâhe said, "I have not; I spoke to a policeman this afternoon in Homerton, and asked him what was my best course to pursue"âI asked him the number of the policeman, but he could not tell meâI then took him to Seething-lane stationâafter he was committed for trial, I told him that any inquiry I could make respecting the garotting I would willingly do, I would not care what trouble I took over it if he could give me the slightest clue.

Prisoner. I deny emphatically that he ever suggested to me that he would make any inquiry. Witness. I spoke to him twice about itâhe said at one

time that he had been garotted, and at another time he said he was punched in the side by four men.

Prisoner's Defence. On Monday, 19th January, I went on my first day's work for the prosecutor; I was on my feet for a considerable portion of the day, and had no dinner; towards the evening I unfortunately took several glasses of drink, and became intoxicated; I was attacked near the Regent's Park by a number of men, thrown down and robbed; feeling 2s. 6d. left in my pocket, I got a cab and went home; I intended to have gone at once to the prosecutor, told him all, throw myself on his sympathy, and make arrangements to pay him, but I felt too much ashamed and humbled, but on Thursday I wrote to him, stating I would pay him every farthing, and my wife took the letter; I have been twenty-three years engaged in commercial pursuits; unhappily, for the last few years, I have been addicted to drink, and have lost several situations in consequence, but as regards honesty and integrity I stand pure and unsullied.

MR. MUMBY (re-examined). I received the letter which the prisoner speaks of; I had two letters from himâI had a character of him from a fellow servant in the establishmentâhe was in needy circumstancesâI never heard any charge of dishonesty against him.

DANIEL LINNAHAN. I am mate of the Eleanora, now lying inside the Isle of Wightâshe was hauled out of the Surrey Canal on 17th January, between 10 and 11 in the forenoonâthe prisoner had shipped on board, and signed articlesâwhen we had towed down as far as Limehouse-reach there was row on board; the prisoner had hold of the second mate by the throat, and others were striking him as they best couldâhe was bleeding from the nose, mouth, and ears, and his tongue was outâI ran to his assistance, and McKenzie struck me with his fist on my headâI saw the blow coming, but I got so many other clouts that I cannot say who gave them to meâI got the second mate clear from the rest of the menâI called the men to go to their work as I wanted to get the jib-boom riggedâI went aft, and the crew followed meâI got McKenzie by the shirt, and told him to go forwardâhe slued round and struck me under the eye, and the other man sung out, "You son of a bitch, I will cut your heart out;" drawing his knife from the sheath, and making a blow at me with itâI drew back, and put up my armâit just scraped my cheek, and entered my left arm nearly to the boneâhe then made another blow at me, which went into the second mate's thumbâhe was then seized, and they got him into the boatâhe jumped half way out, and the other man jumped overboardâthe police were called on boardâthey saw the whole of itâthe prisoners were given in custody.

Prisoner Watts. You drew a knife on us. Witness. I did not; when the row commenced the steward was cutting some meat, and I took the knife, and gave it to a man to put out of the wayâI put my hand to a handspike to protect myself, but I did not get it because they seized me.

COURT. Q. What did the row begin about? A. Because the second mate told them to lend a hand to rig the jib-boom.

JOHN WALKER . I am a pilot, living at Wellington-place, GravesendâI was on board the Eleanoraâthe second mate asked one of the crew to go to workâhe would not, and struck the second mateâI saw the prisoners

strike the second mate, and the prosecutor interfered for his protectionâI saw a knife in Watts' hand, but did not see him use itâas I went round the forecastle they struggled half round the hatchway and got out of my sightâthe mate came forward and asked me to call a policemanâI afterwards saw that he was cut, and saw the two men jump off the forecastle.

JOHN JUDGE (Thames Police-inspector). On 17th January, about 12 o'clock, I was called on board the EleanoraâI asked Watts how he came to strike the chief mateâhe said that he had not, but as I walking away he struck the chief mate in my presenceâI laid hold of him, and then McKenzie struck the chief mateâWatts then made another blow at himâI did not see that he had a knife in his hand, but the man cried out, "I am stabbed"âhe tucked up his shirt-sleeves, and blood was running down his armâI closed with Watts, and saw a knife in his handâI got sight of the bladeâI got him, with assistance, to the top of the forecastle, held him down, and got the knife from himâhe said, "I meant to stick it into his bâheart"âboth the prisoners jumped overboard, but we afterwards got them on board the police boatâthe knife went overboard.

Watts. Q. Was I drunk? A. You had been drinking, and so had the whole of the ship's company, but you knew what you were about.

Watts' Defence. The chief mate struck me, and called me a dâd son of a bitch; I struck him again, after which I unfortunately took some more liquor, and do not know what I did.

COURTtoDANIEL LINNAHAN. Q. Did you strike him first, or call him a dâd son of a bitch? A. Never.

McKenzie's Defence. There was a row on board the ship, and he got me by the shirt and dragged me about, and I struck him in the face.

WATTSâ GUILTY â Confined Fifteen Months.

MCKENZIE.â NOT GUILTY .

287. DANIEL MCKENZIE was again indicted for assaulting Daniel Linnaham, and causing him actual bodily harm.

HePLEADED GUILTYto a common assault.â Confined Three Months.

NEW COURT, Monday, February 2d., 1863.

PRESENTâMr. Ald. CONDER, and ROBERT MALCOLM KERR , Esq.

Before Robert Malcolm Kerr, Esq.

288. HENRY WORMALD (24), was indicted for unlawfully uttering counterfeit coin; to which he

PLEADED GUILTY .â Confined Twelve Months.

289. ELIZA BIRD (23), was indicted for a like offence; to which she

PLEADED GUILTY .â Confined Twelve Months.

290. CHARLES WILSON (55), was indicted for a like offence; to which he

PLEADED GUILTY .â Confined Twelve Months.

291. HENRY BROWN (26), and RICHARD WILSON (20), were indicted for a like offence.,

MR. CRAUFURDconducted the Prosecution.

ANNIE CHILDS . I am thirteen years old, and live at the Crown public-house, 469, New Oxford-street, which is kept by Henry AlexanderâI was

serving there on the evening of 30th December, when the prisoners came in and asked for a pint of porterâthey both spokeâit came to 2d. and Wilson gave me a half-crownâI saw it was badâMrs. Alexander, my aunt, was in the shopâI gave it to her, and she kept itâBrown then gave me a threepenny-piece to pay for the porter, and I gave him a penny change.

SUSANNAH ALEXANDER . I am the aunt of the last witnessâmy husband keeps the Crown public-house in Oxford-streetâI was at the other end of the bar on the evening of 30th DecemberâI saw Wilson give a half-crown to my nieceâshe called me, and gave me the half-crown before their facesâI saw it was a bad oneâI marked it, and afterwards gave it to the constableâthe prisoners were given in charge thereâI heard some one ask for their addressâI asked Brown if he knew anything of the other one before, and he said he had never seen him before; he only met him by accident, going down Holbornâat Bow street I heard him say that he had known the other before, for seven months.

Brown. Q. When you asked me whether I knew him, did not I say I knew him by seeing him up at the concert-room? A. No; you said you had never seen him beforeâyou gave me no address.

ALFRED BOWDEN (Policeman, E 43). I was called in by Mrs. Alexander, and took the prisoners into custodyâon Wilson I found 1s. 6d. in silver, and 2d. in coppers, good money, and on Brown 4s. 6d. in silver, and 7 1/2 d. in coppers, also good moneyâI asked Wilson where he got the bad half-crown fromâhe said he did not knowânext morning, at the police-court, he said he thought he took it at some skittle groundâI asked his address and he refused itâBrown gave his right address, White Lion-street, Seven DialsâI received this half-crown (produced) from Mrs. Alexanderâthe 4s. 6d. I found on Brown was in four sixpences and a half-crown.

Wilson. Q. Did I not give my address before the Magistrate, and you went to it and saw my father? A. Yes; that is so.

ROSA SPILLMAN . I am barmaid at the Coach and Horses public-house in the Strand, kept by Mrs. Scottâon 18th December, I served Brown with a glass of porter, price 1d.âhe tendered me a bad half-crownâI saw at once that it was bad, and told him soâa constable was immediately sent for, but the charge was not pressedâhe paid for what he had, and was allowed to goâI gave the half-crown afterwards to Mrs. Scott, and she threw it in the fire in my presenceâit melted.

Brown. Q. When you told me the half-crown was bad, did yon give it me back again? A. No; I gave it to Mrs. Scott's brotherâhe is not hereâI afterwards saw him give it to Mrs. Scottâtwo policemen came in, and Mrs. Scott's brother asked if they knew youâI believe they said "No"âhe asked for your direction and you gave itâI don't know what was done with itâone of the policemen who came in, is in Court.

ELIZABETH SCOTT . I keep the Coach and Horses public-house in the StrandâI was upstairs on this day in question, and was called downâbefore Brown left, my brother handed me a half-crownâI placed it on one of the shelves in the bar, and about 12 o'clock I threw it in the fire, and it melted.

Brown. Q. How long did the half-crown remain on the shelf? A. From 6 o'clock till 12âI examined it a good many times, and made the remark that it was a very bad oneâit ran through when I threw it in the fireâI am quite certain of thatâI told the policeman to make an example of youâI believe my brother let you goâI was not present then.

Brown's statement before the Magistrate was here read as follows:â"I

believe there is an Act of Parliament where if there is only one uttering, a man is entitled to his discharge, and there is only one uttering against me, and no proof that it was a bad half-crown; a good one will melt in time."

Brown's Defence. A meeting was got up for this man, where he took About 1l. 7s.; he must have had the bad half-crown in that; I met this man by accident; he was a stranger to me, barring coming up to the house where my club is; I met him, and asked him if he would have something to drink; he said he would, and I paid for it; that was before we got to Mrs. Scott's; we walked a little further and I was going home, when he said, "Come and have something to drink with me;" I said, "Yes;" and we went into Mrs. Alexander's house; he there tendered a half-crown in payment, and when they said it was bad, I paid, as it was a strange house; I have been in prison five weeks, on a charge of which I am not guilty.

Wilson's Defence. I was engaged by a man over the water, named Deacon, to remove him, on 29th December, and received a 5s. piece; I paid 6d. for my omnibus fare to come home, and got the half-crown in the change; I did not know it was badâI did not give my address the first time, because I did not want to bring disgrace on my family.

NOT GUILTY .

292. WILLIAM WELCH (50), was indicted for a like offence.

MR. CRAUFURDconducted the Prosecution.

JAMES SPIKES . I keep the Globe and Friends public-house, Moorgate-street, Commercial-road EastâI was in my house on 10th January, when the prisoner came in and asked for two pennyworth of rumâmy wife served himâI was standing by at the time, and could see and hear all that passedâthe prisoner put down in payment, a florinâmy wife said, "This is bad"âI said, "Let me look at it"âshe handed it to me, and I said, "This is bad"âI was putting it in my mouth, and was going to bite it, when the prisoner said, "No, don't destroy it; I will pay you 2d.," or something to that effectâI bent it up with my teethâbefore I put it in my month he said, "Give it me back, I will give you 2d." and he threw the 2d. downâa police constable happened to be at the bar at the time, talking to me on business, and I gave the prisoner into his custody, with the florin.

FREDERICK MARSHALL (Police-sergeant, H 9). I was in Mr. Spikes' house on 10th January, talking to some people in front of the barâI saw the prisoner go to the counter and ask for two pennyworth of rum, and heard Mrs. Spikes say, "This is a bad florin"âMr. Spikes said, "Let me look at it;" and he said, "Yes; it is"âthe prisoner said, "Give it me back, and I will give you two-pence"âMr. Spikes said, "No; I shall not," and bent itâI took him in charge and said, "Have you anything more"âhe said, "No; nothing more"âI searched him, and in his pockets I found these three medals (produced)âno good moneyâI asked him where he livedâhe said, "Nowhere"âthese medals are like sovereigns in colourâthe prisoner paid 2d. for the rum before he left the place.

COURT. Q. Were you in uniform or in plain clothes? A. Plain clothesâI asked him whether he had any more money about him, and he said, "No, nothing more."

WILLIAM WEBSTER . This is a bad florin; it is one of the best made onesâthese are Hanoverian medals, they have the word Hanover on themâthey represent a sovereign in colour and size, and they have the Queen's head on them.

GUILTY .â Confined Twelve Months.

293. SARAH FOWLER (23), was indicted for a like offence.

MR. CRAWFORDconducted the Prosecution.

SARAH WILTON . I am apprentice to Mr. Le Fevre, a linen-draperâon 16th January the prisoner came and purchased some stockings, another young person served herâthey came to 4 3/4 d.âshe laid down a florin before meâI took it to the till and tried it, it was bad, and I took it to Mrs. Le Fevre, in the parlor, who came and asked the prisoner where she got itâshe did not answer at first, and then she said that she did not feel inclined to tell herâshe offered to pay with a good half-crownâI went for a policeman, and when I came back the prisoner was four doors off, going away; she was taken in charge.

Frances Le Fevre did not appear, and her husband produced a medical certificate stating that she was ill.

JOSEPH BULL (Policeman, D 378). Miss Wilton came for me on 16th January, and I took the prisoner, and found on her a good half-crown, a parse, and an empty bottleâMrs. Le Fevre gave me this florin (produced).

The deposition of Frances Le Fevre was here read as follows:â"I live at 54, Marylebone-lane, and am the wife of William Le Fevreâon 16th January, the last witness handed me a counterfeit florin, which I handed to the constableâI kept it in my possession till I gave it to the constable.

CALVERY. I live in York-road, Lambethâon 1st December the prisoner came into my shop, and I served her with some eggs and tea, which came to 3 1/2 d.âshe gave me a florinâI told her it was badâshe said that she did not know itâI gave her in charge with the florinâI afterwards went before the Magistrate, and the prisoner was remanded and discharged.

JOHN LETTT (Policeman, L 8). I took the prisoner at Mr. Cobley's and received this florin (produced)âshe was taken before a Magistrate, remanded till next day, and then discharged.

WILLIAM WEBSTER . These florins are both bad, and from the same mould.

GUILTY .â Confined Twelve Months.

294. JOHN BATES (30) , Feloniously forging and uttering an acceptance to a bill of exchange for 21l. 0s. 9d.; also the acceptance to a bill of exchange for 38l. 4s., with intent to defraud; to both of which he

PLEADED GUILTY .âThe prosecutor stated that he had discovered twenty-two cases of fraud against theprisoner.â Six Years' Penal Servitude.

OLD COURT, Tuesday, February 3rd, 1863.

PRESENTâMR. RECORDER; Mr. Ald. PHILLIPS; and Mr. Ald. GIBBONS.

Before Mr. Recorder.

295. MARGARET MURPHY (35), Was indicted for stealing 7 1/2 yards of twill, value 14s., the property of Thomas Bryer; to which she

PLEADED GUILTY .â Confined Six Months.

296. JOHN GORDON (20), and WILLIAM DAVIS (20) , Burglariously breaking and entering the dwelling-house of Francis Wyatt Truscott and another, with intent to steal; to which

GORDON PLEADED GUILTY .**â â Six years' Penal Servitude.

DAVIS PLEADED GUILTY .â Confined Twelve Month.

297. GEORGE GRIMMETT (35) , Feloniously forging and uttering two acceptances to bills of exchange for 300l. and 68l.; also embezzling the said sums; to which he

DAVID ALFRED LORIE . I am a furrier, at 92, Bartholomew-closeâthe prisoner has been in my employment since October 4th, as a travelerâon 10th December I gave him instructions to obtain 1l. 13s. 5d. from Messrs. Hills and Barnard, of Chelsea, for goods previously supplied through our travellerâon his return he was asked whether they had paid itâhe said, no, they were out; they would pay the next time he was roundâI asked for it once or twice afterwards, and he said they would send it downâon 24th December, the prisoner absented himself from the warehouseâthis receipt is the prisoner's writing; it purports to be his receipt for 1l. 13s. 5d. from Messrs. Hills and Barnard, on my accountâhe never accounted to me for that sumâI have a customer named Ball, of Whitechapel, who purchased goods of my traveler to the amount of a guineaâI did not authorize the prisoner to receive thatâit would not be due until 1st Februaryâthe prisoner has never accounted to me for it.

Cross-examined by MR. METCALFE. Q. Was it the prisoner's duty to account to you? A. Certainlyâhe had a list of persons to call upon on 10th December; he brings that list back with him, and then it is generally destroyedâI enter from that list into my cash-book the money receivedâI do not enter those that are not receivedâthe cash-book is not hereâI can send for it, and also for the book from which the list was made outâhe had to collect on the 10th of each month from certain personsâI can't tell from how many he would have to collect on 10th December; it might be from twenty to thirtyâI took a policy of insurance from the prisonerâthat was about a week or ten days before I had the slightest suspicion of his embeszling moneyâit was about ten days before he leftâI did not take any money from himâI did not put this sum of 1l. 13s., 5d. to his accountâI put a sum to his debit, the amount of 1l. for some umbrellas, which I redeemed from a shop in Worship-streetâI went to his house on 3d JanuaryâI did not tell him that I had found out that this sum had not been paidâI could not have done so, because it was not found out until after he was in custodyâI told him there were irregularities in his accounts, but I had no idea of embezzlement then; I merely wanted him to come to the ware-house, and tell me what he had doneâI requested him to repay me what he had overdrawn in his accountâI have that account at homeâI did not give him from Monday to Thursday to get the money for meâI told him if he came the following morning and paid me the 4l. or 5l. that he had overdrawn, he could leaveâa traveler may sometimes overdrawâI have several travelers who have done the sameâI don't think I called on the prisoner between the Monday and the ThursdayâI saw his wife on the Thursday morning; that was previous to giving him in custodyâI did not ask if the money was ready for meâI had the detective then outsideâI still have the policyâit is for 100l. in the Kent Mutual, which is now amalgamated with the Albert and Medicalâfour years premiums are paid up.

MR. PATER. Q. When you spoke to the prisoner about money, was it respecting the account he had overdrawn? A. EntirelyâI had no idea at that time that he had embezzled these sumsâhe had left some umbrellas at

the Bald-faced Stag, near Shoreditch, for a pound, and I redeemed them in his presenceâI told him at that time that I could not take him again, but he said if I did not he should commit suicide, and I thought I would give him another chanceâI took the policy from him knowing it was of no value, but as he seemed to attach a value to it, I took it to keep it as a sort of rod over him.

RICHARD HILLS . I am a draper, in King's-road, Chelsea, in partnership with Mr. BarnardâI have had dealings with Mr. Lorieâon 10th December I paid the prisoner on his account 1l. 13s. 5d.âhe gave me this receiptâI saw him sign it.

FREDERICK ISAAC BALL . I keep a mantle-warehouse in Whitechapel-roadâon 12th December I purchased of the prisoner goods to the amount of 9s. 3d. which I paid him on that dayâhe did not give me any receiptâon 19th December I bought half a dozen ties of him, for which I paid him 11s. 9d., and he gave me this receipt; he signed it in my presence.

DAVID ALFRED LORIE (re-examined). I have now got the cash-bookâit contains the sums paid in on 10th December by the different collectorsâI can tell what sums the prisoner paid in, knowing his roundâI have also the book from which his list was made out; it is made up from the ledger by meâwe always balance the accounts in the ledger from the cash-bookâthe figures "10th" are written against some itemsâthese are my figures, indicating the persons who pay on the 10th of the monthâthose figures are not against Hills and Barnard's account, because there was no occasion for it; for the last seven or eight years they have paid on the 10thâit is impossible for me to say about what sum the prisoner would receive in a dayâhe would have about 40l. to receive on that dayâI cannot say the average; on one day it might be 150l., and on another 5l.âthis was the first 10th he was out.

GEORGE PAVITT (Policeman). I took the prisoner into custody on 3d JanuaryâI went to his lodging, 14, Great Cambridge-street, Hackney-roadâI found him in an adjoining garden.

HENRY WINTERBORN . I am assistant to Mr. Grant, a pawnbroker of London-wallâI produce some silks which were pledged at my master's shop at different times, one piece on 1st January for ten guineas, in the name of Ann Hutley; another on the 14th for 10l., in the name of Glick; another on the 10th for 6l. 10s., in the name of Ann Hutley; and another on 14th for 9l., in the name of Ann Hutleyâthere were two on the 14th, both in the name of Ann Hutley.

COURT. Q. What quantity is there in these pieces? A. About eighty-two to eighty-five yards in each piece.

ANN HUTLEY . I am the wife of Henry Hutley, a tailor in Bread-street-hillâI know the prisonersâCole came into my husband's shop on 1st JanuaryâI did not hear the conversation between themâafter he had gone my husband gave me a piece of silkâCole brought a pattern first, and afterwards a piece of silkâI took the silk and pledged it at Grant's in London-wall; this silk looks like itâI gave the money to my husbandâCole afterwards

came, and I saw my husband give him moneyâI don't know whether he gave him the whole amount or notâCole brought silk four or five times, which I pledged at Grant's afterwards, gave the money to my husband, and he gave it to Cole when he cameâTunn brought a piece of silk on one occasionâI don't know which piece it wasâone piece was pledged by GlickâI believe Tunn was there once when money was paid over by my husband to Cole.

Cross-examined byMR. DICKIE (For Tunn). Q. You will not swear that Tunn was ever present when money was paid to Cole? A. I won't swearâI believe he was onceâI have known Tunn seven yearsâI know him to be a respectable young manâtheir last place of business was in Bread-street-hillâthey are hair-net makersâI redeemed one piece of the silk, which was given by Cole or Tunn; not from Grant'sâthat was by my husband's instructionsâit was cut up in lengths for dressesâI did not me it myself; it was soldâGlick had two of the pawnbroker's tickets, and Huggett, the officer, had oneâI gave them all to my husband, not to the prisoners.

Cross-examined byBESLEY (For Cole). Q. What time was it when Cole came on 1st January? A. About 11 o'clock in the morningâmy husband keeps a shopâCole came openly to the shop in the middle of the dayâI don't remember seeing him until that occasionâI do not know how long they have been carrying on this trade of hair-net makersâI knew Mr. TunnâI did not know then that Cole was in partnership with him.

HENRY HUTLEY . I am the husband of the last witness, and am a tailor in Bread-street-hillâI recollect Cole coming to my shop on 1st January, and bringing a pattern of silkâhe asked me if I thought I could dispose of itâI said I could not tell without I saw the pieceâhe went back and brought the piece over to meâhe said it was half a crown per yard, nothing lessâit was precisely like thisâI believe he told me the number of yards, but I don't recollect the numberâI gave the silk to my wife to pawn, and she afterwards gave me money, which she said was what she received for itâI gave that money to Cole with the exception of about 10s.âI was to keep what I got above half a crown a yard, and to keep the ticketâCole brought me silk four or five timesâI handed the money to Cole, after my wife gave it to me with one exception, when I gave it to Tunnâthey were both together on that occasion, I thinkâI don't think Tunn was present on any occasion when I gave the money to ColeâTunn brought one piece of silkâGlick had two tickets and the officer had oneâI don't know what have become of the restâI had themâI don't know what I have done with the other twoâI think my wife gave that one to the officer.

Cross-examined byMR. DICKIE. Q. Do you mean to say you don't know what became of the tickets you received for the goods? A. I don't knowâGlick pledged one piece of silkâI gave him 5sâI am not in the habit of going to pawnbrokers myselfâI have known Tunn seven or eight years, and know him to be a respectable man; they carried on a large trade in Bow-lane.

Cross-examined byMR. BESLEY. Q. When did you first become acquainted with Cole? A. About six years ago, I dare sayâwhen I first knew him he was an assistant at Morgan's, a draper in Bishopsgate-streetâI don't know how long he was thereâI don't know his ageâhe was quite a lad when I knew him firstâthis was the first occasion of his coming with any goods to meâit was a sale to me out and out at half a crown per yard, only payment did not take place till after I had pawnedâI don't know how long Cole has been in partnership with TunnâI was introduced to him by Tunn, and made some clothes for himâI have always thought he was an honest young man.

MR. METCALFE. Q. I suppose the draper he was with dealt in silks, as Well as other things? A. I don't knowâhe served behind the counterâlately he has been carrying on business as a hair-net and cap-front manufactures in Bread-street-hillâI dare say that is 500 yards from Messrs. Leaf's warehouse, or perhaps more than thatâI have not been on the premisesâthis is the ticket I gave to the officer, and I believe this is the one I gave to Glickâthe first piece of silk was pawned the same day that Cole brought itâthe first transaction was on the 1st, and the last on the 15th, I thinkâit all took place between those two dates.

COURT. Q. Did Cole remain at your shop while the things were pawned? A. No; he went away and called again afterwardsânothing passed between us as to what I was going to do with the silk, or what I had done with itâI did not tell him I had pawned it.

JOHN GLICK . I live at 30, Long-alley, Finsbury, and am a tailorâI work for Mr. HutleyâI pledged a piece of silk like these for him; it was on a ThursdayâI cannot remember the dateâit was last monthâI got 10l. for the pieceâI gave the money to Mr. Hutley, and he gave me 5s. for my troubleâI kept the ticket in my pocket and have lost it nowâMr. Hutley gave me this ticket to sell on commissionâI pledged in my own name.

EDWARD FUNNKLL (City-police-officer). I went with Sergeant Huggett and Mr. Hutley to Glick's shop in Long-alleyâHuggett went into the shop, and I walked on with Hutley to the end of the alley, to a public-houseâwhen we got there Tunn came out, spoke to Hutley, and went back into the public-houseâI followed him in and there saw Coleâthe prisoners were in conversation and drinking wineâI asked Tunn what his name wasâhe said, "Tunn"âI said to the other prisoner, "What is your name?"âhe said, "Cole"âat that time I saw this parcel resting against Cole's leg on the groundâI took hold of it and said, "What it this?"âTunn directly said, "It is a piece of silk"âI said, "Where did you get it from?"âhe said, "I bought it of a porter about ten minutes past 10 this morning, at our office"âI said, "What did you give a yard?"âhe said, "A shilling"âI said, "How many yards are there?"âhe said, "It was sold to us at eighty-six yards"âI said, "Have you got an invoice with it?"âhe said no, he had notâI said, "It is Mr. Leaf's silk"âTunn said he did not know whose silk it was, but they bought it of a manâI told him that statement was not at all satisfactory to me, I was an officer, and they must consider themselves prisonersâI took them in a cabâon the way to the station I said, "Why, you have given Hutley a lot of other goods to pledge, where did you get them from?"âI said that to both of themâTunn said they bought them of the same manâI asked him what he gave a yard for it, and he said, "A shilling all round"âI said, "Have you any invoices?"âthey said, "No, we have not; that is where we are wrong," or "that is where we have done wrong"âI asked them both if anyone else was present when the man brought the silk, and they said, "No"âI said, "Were you both present when he did bring it," and they said "Yes"âI searched Tunn and found on him 21l. in gold, a gold watch, a ring, a pin, and several other articles, and on Cole I found about 5l. 1s. 7d., I think, in money, a watch, chain, pin, gold rings, and some memorandums.

Cross-examined byMR. BESLEY. Q. I understand that after you called Cole's attention to the silk, and asked about it, that the conversation then was between you and Tunn? A. Between all three-sometimes one spoke, and sometimes the otherâCole held conversation as well as the otherâhe did not deny anything that Tunn saidâI made them prisoners in the

public-houseâI asked them nearly all these questions when I had them in charge, in the cabâI think it is my duty to ask questionsâI have never had instructions from any authorities in London to question prisoners after I have got them in charge.

JOSEPH HUGGETT (City-detective). I have heard Funnell's statement up to the time the prisoners were brought to the stationâI believe it is correctâwhen they were brought to the station, I asked them whether they could give me any information about the person from whom they bought the silkâTunn said, "A few weeks back we met a man, dressed as a porter, in Cannon-street; he asked us if we were buyers of hair nets, as he could get some cheap; we told him we were, provided they were cheap; we gave him our address in Bread-street-hill, and the next morning he called and brought us a piece of black silk; I asked him if he had got any nets; he said not then, bat we should have some; we bought that piece of silk; two or three mornings afterwards the same man called, and brought two pieces of silk; I still kept asking him about the nets, and he said we should have some; altogether we bought six or seven pieces of silk of him, which we afterwards give to Hutley, and he disposed of them; we were to give him a shilling a yard all round"âwhen the charge was read over to them, the name of Messrs. Leaf was mentioned in it, and they both said, "We did not know it came from Mr. Leaf"âI afterwards went to No. 2, Bread-street-hill, which might be about 300 yards from Leaf's warehouseâthere was no appearance of business going on there; no fittings or furnitureâthe place was in a filthy, dirty stateâno boxes with hair nets in them, or anything of that kind.

Cross-examined byMR. DICKIE. Q. Where did you see the prisoners first? A. In Crown-street, FinsburyâI then went to Gliek's in Long-alley, and saw Tunn come out of the shopâI afterwards received a message from Funnell that he wanted me, and when I got to the public-house, I found the two prisoners there, in his custody.

Cross-examined byMR. BESLEY. Q. Was there not a desk at this place in Bread-street-hill? A. No; nothingâI went there within an hour after their apprehensionâthey were arrested on Friday, 23d Januaryâtheir names were not up on the doorâit is a room on the first-floor, over a tailor's shopâI knew it was their room by the address they gave to me, and the key found on them opened the door of the room I went intoâthere were other rooms in the same houseâit is let out in tenementsâI did not try any of the other doorsâthere was no name up at all except the tailor'sâit is a double shopâone is a tailor's, and the other a bootmaker's.

WILLIAM LIGHTFOOT HICKS . I am a buyer of silks at Messrs. Leaf'sâI assisted in taking stock on 28th Decemberâthese pieces of silk before me were then in Messrs. Leafs stockâI identify them as having been there at that timeâfour out of the five have my mark upon them, which I place on all goods that I buy, in the corner of the silksâon one of them there is no mark, but just prior to our taking stock we sent these pieces of silk out to a man of the name of Sergeant, to have them put in fresh cases, and a day or two previous to the 28th they came back again into our stock, and I signed for them, and these are the only goods of this description that have this description of case on themâI am quite sure they are the goodsâthey still have those very cases upon themâthis is a piece of a different decriptionâwe have the same sort of silk in stockâI don't think any of it has been cut offâthere is a mark on it, but not a mark by which we can identify it at allâthe other pieces were missed on 20th Januaryâthe selling price

of one piece is 5s. 3d. a-yard, of two others, 3s. 11d., and another 4s. 2d.âthe value of this one, which is not marked, is, as far as my judgment goes, 4s. 9d. a-yardâthat is the piece where the mark has been cut offâthe wholesale value of the silk altogether is rather over 80l.

Cross-examined byMR. DICKIE. Q. Had you known the prisoners? A. No, I had notâI had never seen them at our warehouse, to my knowledgeâI do not know that they dealt with our house for hair netsâwe have not missed any other goods except these, in my departmentâI only know my own department.

Cross-examined byMR. BESLEY. Q. Does not the value of silk vary very much? A. When there is a difference in the price of the raw silk, there is necessarily a great deal of difference in the price of the made silkâthis is Spitalfields silkâgoods of this description are a very small branch of the tradeâit is perhaps the smallest branch of the silk trade that there isâit is not uncommonâit is as liable to fluctuation as every otherâthis silk may have been on our premises some timeâthe cases were dirtyâthe piece that is marked to sell at 5s. 3d. I gave 4s. 10d. for, and the one that is marked to sell at 3s. 11d. I gave 3s. 8d. forâI cannot tell you when I bought themâI do not mark the dates when I buy goodsâit is a frequent occurrence in the trade that silks are sold in job lotsâI never knew myself of people buying silks and pawning themâI never saw Cole before, to my knowledgeâI am quite sure these silks were in stock on the Monday after Christmas-dayâI don't know exactly what the date wasâI am quite sure that the piece pawned on 1st January was in stock on 28th Decemberâmy department is in the further corner, the first branch of the houseâthese silks were kept in the actual corner of my department, in shelves, which are made for that purposeâthey were kept tied up in brown paperâthere are counters in front of the shelvesâthe goods are arranged in shelvesâI can't say whether, if any one came there, they could abstract a piece of silk without my knowing itâI am often out in the dayâthere are hundreds of people in the establishment, I should thinkâI can hardly tell, it is so large.

MR. METCALFE. Q. With reference to that piece of 1st January, just look at that book? A. It is entered here as eighty-two yards, and as being in stock on the 28thâthey are all entered in this bookâthe numbers which identify the particular piece are destroyedâit is on a ticket always, and the tickets have all been pulled offâmy private mark is on the corner of the goods, corresponding with this entry.

BENJAMIN BURNETT HICKS . I am in the employment of Messrs. LeafâI am not in the same department as the last witnessâI have seen the prisoners in the establishmentâI saw Tunn there in January, about a fortnight before they were takenâhe came in to inquire whether we kept elastic for making skirt bandsâI have seen him there on several occasionsâseveral times recentlyâfour or five times within the last two monthsâI have not seen Cole there very recentlyâI cannot say how long agoâhe came to sell hair netsâI don't think I have ever seen them there togetherâmine is the haberdashery departmentâin order to come there, they would have to pass through the room where this silk was keptâthat is the usual way.

Cross-examined byMR. DICKIE. Q. Do you know of any goods having been lost or stolen from Messrs. Leafs during this year? A. No; I think notâwe missed half-a-dozen hair nets once, but whether they were stolen I don't knowâI have known Tunn in the trade for about twelve monthsâit is usual for persons to offer small wares to us for sale.

Cross-examined byMR. BESLEY. Q. You say the usual way to come to your department is through the silk-room; I presume you allude to persons who are making purchases in other parts of your warehouse? A. No; persons who come in to sellâthere is a shorter way, but they are not allowed to come that wayâI cannot say which way Cole came inâI cannot tell you the month when he cameâhe has been on more than one occasion, but I cannot say whenâI have seen him there within the last six monthsâI can't say whether I have seen him there since 28th December or notâI don't know the time at allâI have seen him there on several occasions.

MR. METCALFE. Q. In that other entrance you spoke of, the person would have to go through the packing-room, underground, or something of that sort? A. Yes.

FRANCIS HUTTON HARDING . I am in the employment of Messrs. LeafâI saw Tunn pass up the warehouse about a fortnight previous to their being takenâI am in the silk-roomâI have seen him go in the direction of the haberdashery department on several occasions, but have not seen him in thereâI have never seen the other man, to my recollection.

Cross-examined byMR. DICKIE. Q. How long have you known Tunn? A. I don't knowâI knew he was in the trade.

Cross-examined byMR. BESLEY. Q. Are you in the same department as Mr. William Hicks? A. No; our department is next to Mr. Hicks', another silk departmentâmine is at one corner, and Mr. Hicks' at the other.

Charles Davis, hair net maker, of Finsbury-pavement, gave Cole a good character. Both guilty on the Second Count.

MR. LEWIS, on the part of the prosecution, requested that the prisoners should not he sentenced then, as there was reason to believe that some one else was concerned in the stealing of the goods. Judgment Respited.

300. JOHN STRINGER (28) , Stealing 97 oranges and 6 quarts of nuts, the property of John Adam, his master.

MR. COOPERconducted the Prosecution.

JOHN ADAM . I am a fruit broker, residing in Pudding-laneâI employed the prisoner during the day, and he was coachman to another Mr. Adam, whose brougham was kept at Mr. Soulter'sâhe drove Mr. Adam when he required him, in the morning and afternoonâhe was employed in my ware-house as a porterâhe had no right to take any goods out of my warehouseâI never gave him leave, at any time, to take these oranges, apples, forbidden fruit, or lemonsâthey were shown me by the policemanâthere is a portion of them hereâthe others would not keep soundâthe prisoner had a locker in my warehouseâhe had no right to have anything of this kind in his lockerâsome were found on him by the officer, some in the brougham, and some in the lockerâthey are the same kind of things as I dealt inâwe always have a quantity of these in our warehouse.

Cross-examined byMR. LILLEY. Q. About what quantity of oranges have you in your warehouse at one time? A. It differsâsometimes we have 10,000 boxesâthe prisoner may be sometimes employed to sweep up the warehouseâhe is a general porterâI have never sent him down to vessels that have arrived with cargoes of fruit from abroadâthat was not his employment at allâwe have different men for different purposesâhe was confined to the warehouseâI dare say he has swept up the warehouseâhe removed goods sometimes from one part of the warehouse to the otherâhe came there at about 10, or half-past 10, and left about 4âthe other

Mr. Adam is a relation of mineâhe knew the prisoner's fatherâI had not a character with him myselfâwe took him at the same time Mr. Adam wanted a man to drive him into town, and he asked me to employ him in the day timeâhe has been in my employment between four and six yearsâI don't exactly rememberâwe sell this fruit by the chestâoranges are about the usual price nowâthey are not very dear.

MR. COOPER. Q. He would not sweep up seventy-six oranges and ten apples altogether, would he? A. No.

WILLIAM BALDWIN (City-policeman, 537). About ten minutes past 12, on 17th January, I saw the prisoner coming from Pudding-laneâI followed him to Mr. Soulter's livery stables, in Hertford-street WestâI saw him go up to Mr. Adam's brougham and empty his pocketsâhe was there about three or four minutes, and then returned to Mr. Adam's warehouse, in Pudding-laneâabout ten minutes past 1, he returned from Pudding-lane to the livery-stables againâI followed himâI saw his pockets were very fullâhe went up to the brougham, and just as he had got his hands to put under the seat of the brougham, I touched his pocket, and said, "What have you got here?"âhe said, "Nothing"âI said, "You have got something"âhe said, "Well, it is a few nuts"âI said, "Do you know who I am?"âhe said, "Yes"âI said, "I am a police-officer, and I must take you into custody for bringing those from Mr. Adam's warehouse"âhe said, "Well, let us go up to Mr. Adam"âI said, "You must go into Pudding-lane"âhe said, "No; the other Mr. Adam"âI then searched the brougham, and under the seat I found fifteen oranges, and under the mat, where the coachman's feet go, I found about three quarts of nutsâthe warehouse is about 150 or 200 yards from where the brougham stoodâI then took the prisoner back to the warehouseâhe turned out his pockets there, and he had got about three quarts of Brazils and chesnuts, and five orangesâI said, "You have got a locker here, have you not?"âhe said, "Yes"âI said, "Will you allow me the key of it?"âhe said, "Yes," and gave it to meâI went there, and found seventy-six oranges, ten apples, one lemon, and two shaddocks, commonly called forbidden fruitâthere was a carpet-bag there, but the fruit was loose in the locker.

Cross-examined. Q. You were out of uniform at the time? A. Yesâhe gave me the key of the locker at once; took it out of his pocket at once.

The prisoner received a good character.

NOT GUILTY .

301. SARAH HAMILTON (23) , Stealing a watch, value 30s., the property of Benjamin William Bawtree, from his person.

MR. ORRIDGEconducted the Prosecution.

BENJAMIN WILLIAM BAWTREE . I live at 47, Herbert-street, New North-roadâon the evening of 18th January, I was on the steps of London-bridge, waiting for a bus, when I saw the prisonerâI went down with her as far as George-alley, Thames-streetâI had not been with her a few minutes before I missed my watch out of my pocketâI said to her, "You have got my watch, and if you don't give it me up I will give you a night in the station-house"âtwo policeman saw me scuffling with her in George-alley, and they took her in custodyâI walked to the station with herâI did not hear anything dropâthe policeman picked up my watchâthis is it (produced)âthe bow of it is broken right offâthe bow and ring were on when I had it in my pocket, before I met the prisonerâI did not hear the watch drop.

THOMAS REES (City-policeman, 482). I took the prisoner into custody on the night of 18th Januaryâwhilst I was conveying her to the station, I

heard the watch drop, in Cloak-laneâwhen she moved on I saw the watch, and saw another officer, who was behind me, pick it upâthis is the watch.

MICHAEL FOY (City-policeman, 433). I saw the prisoner on the night of the 18thâthe prosecutor gave her into custody, and charged her with robbing him of his watchâI asked her to produce the watch, and she denied itâI told her we should take her to the stationâshe said the prosecutor had been in company with a female before her, and she must have taken itâon the way to the station, I saw her distinctly drop the watch in Cloak-lane, and I picked it upâthis is it.

Prisoner's Defence. On the evening of the 18th, I bad been to a christening, and was in liquor, and quite insensible. I have not the slightest recollection of seeing the gentleman or his watch. I did not know anything about it till I was at the station-house. If I did conduct myself in such a way, I am very sorry for it.

THOMAS REES (re-examined). The prisoner was not drunk when I took herâshe might have had a little to drinkâshe seemed to know what she was aboutâshe walked perfectly well.

The prisoner received a good character.

GUILTY .â Confined Four Months.

302. JOSEPH BROWN (47) , Embezzling and stealing the sum of 5l. 15s., received by him, as servant to the Midland Railway Company.

MR. SHARPEconducted the Prosecution.

THOMAS MANSELL . I live at West Bromwich, StaffordshireâI am in the employment of Mr. Waterhouse, and have been working at the Equitable Gas Companyâon 7th August, I saw the prisoner at the Pimlico Gas Worksâhe gave me this bill, and said he wanted 5l. 15s. of me, for delivering the goodsâI paid him the 5l. 15s., and he signed this receipt in my presence.

JOHN THOMAS . I am a clerk in the service of the Midland Railway Company at their office at the Castle and Falcon, Alderagate-streetâthe prisoner has been in their employment for about two years as a canvasser for ordersâhe occasionally collected money for the companyâin July last an account was owing from the Equitable Gas CompanyâI made out this invoice, and gave it to the prisoner to collect the moneyâit was his duty to pay it over to me at once, on receiving itâhe has never accounted for itâI spoke to him about it, and in the first instance, he said the foreman of the works was down at Brighton, doing some work there, and he could not see himâI told him to call againâhe represented that he had done so on another occasion, and then said they objected to the charge; that the rate was too highâI asked him several times about it, and he always denied having received the money.

HENRY RALPH . I am manager of the office of the Midland Railway Company, at the Castle and Falconâthe prisoner was in their employmentâI spoke to him about this account, and he said, in the first instance, that the foreman was at Brighton, and in another that the rate was too highâhe has never paid the money to meâhe was discharged on 19th November last.

Prisoner's Defence. I either had my pocket picked of the money or else I lost it. I did not like to mention it to Mr. Ralph, because I thought I would re-place it. It is my first offence. I have a wife and six children.

HENRY RALPH (re-examined.) He would not have been taken into our service unless he had a good character.

GUILTY .âRecommended to mercy by the Jury on account of his previous good character. Confined Eight Months.

GEORGE PALMER . I am a mason, of 26, Milk-streetâon the night of 13th January, I went home about 6, and found the outer door shut, which was usually left openâI rang the bell, and when I got in I missed a cloak of my wife'sâmy wife went and searched for itâshe came and told me something, and I afterwards saw it on the stairs, near the outer door, and near the water-closetâI picked it up and took it back, up three pair of stairs, where it was taken fromâI afterwards gave it to the policemanâI saw the prisoner when I found the cloakâit was lying close by her sideâI said to her, "You have something there that don't belong to you"âshe said, "No, I have not"âshe works in the house, but I had never seen her before.

Prisoner. Q. When you came to the top of the stairs after me, and said I was wanted, did I not go back with you? A. No, you never moved a pegâI did not see you have the cloak.

GEORGE PALMER Junior. I am the son of the last witnessâin consequence of something that occurred, I watched the water-closet, and saw the prisoner and another woman go inâthe other woman was a hand who works thereâthe cloak was in there before they went in; when they came out, I looked in, and the cloak was goneâI told my father, and he stopped on the stairsâthe other woman went back into the work-room, and the prisoner went down stairsâmy father went up to her and stopped herâI afterwards saw the cloak, after she had dropped itâI did not see her drop itâI saw it on the floor, at her feetâthe other woman was four flights of stairs upâit could not have been thrown down.

Prisoner. Q. Why did you not stop me at first? A. Because there were two of youâI told my father to stop youâthe cloak was not thrown down stairs while you were at the bottom of the stairs; there was no one there to throw it down.

COURT. Q. You say when they went down stairs, you went into the water-closet? A. Yes, of course both the women were out of my sight at that time.

NOT GUILTY .

304. EDWARD CLARKE (29) , Embezzling the sums of 17s. 9d., 1l. 2s. 6d., and 14s. 6d., the moneys of George William Henry Dray, his master.

MR. COLLINSconducted the Prosecution.

GEORGE LAMBERT . I am an oilman in Leather-laneâon 16th January, the prisoner called upon meâI gave him an order, and paid him 17s. 6d., for which he gave me this receipt.

Prisoner. Q. Did I call the following week for orders? A. You did.

JOHK MENZIE . I am a boot maker in Seymour-place, and am a customer of Mr. Dray'sâon 19th January, I paid the prisoner 1l. 2s. 6dâhe gave me this receipt.

JOSEPH GEORGE EDWARDS . I am a chemist, at 12, New Devonshire-street, Portland-placeâon 22d January, the prisoner called on me, and I paid him 14s. 6d. on account of Mr. Drayâhe gave me this receipt.

GEORGE WILLIAM HENRY DRAY . I am a wholesale stationer, at 27a, Bread-street-hillâthe prisoner was in my employment for about three weeks, as travellerâhe has never paid me the three sums in questionâit was his duty to pay as soon as he receivedâhe left me without notice.

Prisoner. Q. Was I not at the warehouse on the Saturday preceding this prosecution? A. I believe you were, for a few minutesâI believe you

entered four or five orders, in the order-book, that dayâyou were apprehended on the Tuesday morningâI left you to arrange what terms you thought proper with the customers; a month's credit and 2 1/2 discount, or three monthsâthe goods, in question, were sold in Januaryâsometimes you sold for cashâI believe Mr. Lambert's was a cash transactionâmy porter told me that you were in the warehouse, on the 24th, and that he had persuaded you to stop, but you would not.

COURT. Q. Was there any fixed time for him to account? A. I told him he was to make his appearance once a dayâI believe I told him not to receive money at all; if he did receive it, he should pay it to me.

Prisoner's Defence. All the amounts were received within one week; there was no time specified for me to be at the warehouse. I went there with the money on the Saturday; neither Mr. Dray nor his clerk were there to receive it. I intended to return again, but met a friend, which made me too late to return. On the Monday I was indisposed, and on the Tuesday morning, Mr. Dray sent a detective to drag me out of bed at 7 o'clock.

NOT GUILTY .

305. EDWARD CLARKE , was again indicted for embezzling the sum of 13s., of the same person.

EDWARD MEAYERS . I am manager to Mr. Shipton, a hatter, of 37, Edgware-roadâon 21st January, the prisoner called upon me, and owing Mr. Dray an amount, I said I would pay himâI did so, and he gave me this receipt (read); "To Mr. Shipton, bought of Geo. Wm. Dray, wholesale stationer, &c., 1,000 cap bags, printed to pattern, allowed 1s. discount, received 13s., for G. W. Dray, Edward Clarke."

Prisoner. Q. What does the discount amount to? A. There were fifty bags short; part of the shilling was for discount, and part for the short number of bags.

GEORGE WILLIAM HENRY DRAY . I am a wholesale stationerâthe prisoner was in my employment as a traveller, for about three weeksâhe then absented himself five or six daysâI told him it was his duty to be at my warehouse once a dayâI have not received the money in this bill of Mr. Shipton'sâI am out on SaturdaysâI should think the prisoner knew that, because he had to wait once or twice on the previous Saturdays.

JURY. Q. How was he paid his wages, weekly? A. On Saturdayâhis wages were due on this Saturdayâhe did not receive them.

Prisoner's Defence. This case I cannot understand at all; the whole amount is only 3l. 7s. 9d., and I ask whether it is likely that I should lose my home, and leave my wife and children, and I expect another one, this very week, and make a thief of myself for 3l. 7s. 9d.? I had the money in my hand, to pay it on the Saturday to Mr. Dray or his clerk, if they had been there.

NOT GUILTY .

306. JOHN MOIR (18) , Stealing 30 boxes and other goods, the property of Edward Holland.

MR. PATERconducted the Prosecution.

EDWARD HOLLAND . I carry on a millinery and artificial flower business, at 47, Boston-streetâon 10th June last, I employed the prisoner to come with me into the city to pull a barrow, consisting of boxes filled with millinery, to the value of about 20l.âabout 2 o'clock, we stopped in St. Andrew's-hill to have some dinnerâI had occasion to leave him with the barrow for about ten minutes, and when I returned, he and the barrow were

gone, together with the dog that was with himâI saw no more of him for six monthsâI found him in Petticoat-lane last Sunday weekâI found some of my hats at Mr. Turley's, some caps at Mr. Wolfe's, and my boxes and strap oil a traveller's barrowâthe dog came back to me two days afterwards; the barrow was found about 1 o'clock the same morning, in the Hackney-road.

COURT. Q. Did you know the prisoner before? A. I knew him about twelve months beforeâI know him by sight perfectly wellâI have no doubt about his being the person.

BRIDGET TURLEY . I am a widow, and live at 123, Cock-hill, RatcliffâI have bought goods of the prisoner at different timesâI bought these caps, two babies hats, and some artificial flowers of him, about the time in question.

CLARA WOLFE . I am a milliner in Back-road, St. George's-in-the-EastâI bought three dress caps of the prisoner in the middle of last monthâI paid him 1s. 6d. each for themâI did not know him beforeâhe came with a box full; I thought he was a travellerâthe prosecutor afterwards identified them.

Prisoner's Defence. I can call my father, who can prove that I was at work in the country at the time.

JOHN MOIR . The prisoner is my sonâI know that he was at work with me at Reigate, for Mr. Carruther's, the whole of the week, including the 10th June, on which he is charged with this robberyâthe 10th June was Whit-Tuesdayâon Friday last, when the prisoner was committed, I wrote off to Mr. Carruther's, and here is a copy of the letterâI knew of his being taken into custody; I was with him at the timeâI went before the Magistrate; but the date was not positively stated till last Friday, and it did not occur to my mindâit is only by its being Whitsun-week, that I can so positively speak to it; my wife's mother and sister-in-law were coming down on Whit-Sunday, to spend the day with usâI went to work with him it half-past 5 on Monday, and was with him till between 1 and 2âit was a pouring wet day; he took his dinner with himâI went borne to dinner, expecting the visitors from London, but they did not come, and I did not go back to work that afternoonâthe prisoner came home at a quarter to 6âthere were some rural sports going on at the Black Lion, at Reigateheath, and he went there, and came home at half-past 9âon Tuesday we went to work again at 6 in the morningâwe arrived at the house belonging to Mr. Proctor, and worked there till about 9 o'clock; from there he went to Mr. Paul's, on Reigate-hill, and worked till the end of the week, 14th June last.

Cross-examined byMR. PATER. A. Have you ever said to the policeman 513, that you were not at work with your son, that you did not know when he was, or anything about him? A. Certainly not, at anytimeâI am a painterâI have a job of my own nowâI work wherever I can get itâfrom last June twelvemonth till 9th August, I was at work for Mr. Carruthers, of ReigateâI am now at 17, Green-street, Bethnal-greenâI left Reigate on 3d November lastâI was last at Reigate last June twelvemonth; that would be 1861âmy family were, part of that time, in London, and part at ReigateâI have four boysâthey were partly in London and party in Reigate during that time; my wife vas at Reigateâthe prisoner is my eldest son; he is eighteenâI state most solemnly that I never stated to the policeman that I was not at work with my son, and that I did not know where he was at this period.

EDWARD HOLLAND (re-examined.) This happened on a TuesdayâI know it was the 10th June, for the market was on the WednesdayâI have books by which I can tell; where I sold goods that dayâthe prisoner told me that day that his father was at Reigate, and said he had nothing to eat for three days; and I said, "I will give you plenty to-day"âI was not bound to give him anything, but 1s. 6d. for his timeâI had known him for twelve months; it appears that he lived in the neighbourhood where I livedâI was trying to find him, but could not anywhere, till I saw him in Petticoat-lane. GUILTY .â Confined Twelve Months.

308. JOHN SMITH (23) , Stealing 10 sheets and 2 blankets, value 10s., the property of John Williams; to which he

PLEADED GUILTY .â Confined Nine Months.

309. WILLIAM PAYNE (18) , Stealing 1 purse, and 5l. 12s. 6d., in money, the property of Joseph Redknap, from the person of Elizabeth Redknap; to which he

PLEADED GUILTY .â â Confined Twelve Months.

310. JARVIS SNAPE (21) , Unlawfully uttering counterfeit coin.

MESSRS. CRAWFORDandWILLIAMSconducted the Prosecution.

GEORGE COOK . I live with my parents at 24, Willow-street, Finsburyâon 20th January, about half-past 10 at night, I was in Willow-street, and the prisoner came up and said, "Little boy, will you go for my errand?"âI said, "No, sir"âhe said, "I will give you a halfpenny if you will go," and I wentâhe gave me a bottle, and some money wrapped in paper, and told me to go to the Griffin, and fetch him half a quartern of ginâI went there and gave the paper as it was, and Mr. Smith wrapped up the change in the same paperâI went back to the prisoner, and as he stooped down to take it, he saw Mr. Smith coming, and walked awayâI said, "Here is your gin, sir"âhe said, "I do not want it"âI went home to my mother, and the prisoner was afterwards brought to meâI knew him directly.

FANNY TYLER . I was staying on a visit to Mr. Smith, who keeps the Griffin, 9, Great Leonard-street, ShoreditchâI served the boyâhe brought a bottle, and a half-crown, wrapped up in paper, and asked for half a quartern of ginâI thought it was bad, and handed it to Mr. Smith, and in consequence of what he said to me, I wrapped the change up in the same paperâthe boy left, and Mr. Smith followed him immediately.

JAMES JOHNSON SMITH . I am the landlord of the Griffinâon the evening of 22d January, the last witness gave me a half-crown, wrapped in paper, and I saw her give the boy the gin and the changeâI went out after him, saw him cross the road and go to the prisoner, who was standing as if in the act of taking them from himâI crossed over after him; he appeared

to see me, and walked quickly awayâthe boy called out, "Here is your gin," upon which the prisoner ran as hard as he couldâI went after himâhe first walked, then trotted, and then ran as hard as he couldâI overtook him, and charged him with sending the boy in with a bad half crownâhe said that he did not, and I gave him in charge, with the half crown.

JOHN SMITH (79 G.) I took the prisonerâI was standing at the corner of a street, and he ran close to meâI received this bad half-crown from Mr. SmithâI searched the prisoner, and found a bunch of keys and some half-pence; but no bad money.

WILLIAM WEBSTER. This is a bad half-crown.

Prisoners Defence. I work at 8, Crooked-lane, Cannon-street, Mr. Eaton's I left there about 10 o'clock. I was going home down Willow-street, when Mr. Smith ran out; he pointed over to me, and said to a little boy, "Is that him?" The boy said, "Yes." I did not run, I walked towards home, and Mr. Smith walked after me. When I saw the prosecutor, I stopped to see what Mr. Smith was running for. I have a good character.

GUILTY .â Confined Nine Month.

311. EDWARD SHEPPARD (20) , Unlawfully and maliciously stabbing Samuel Walker. Second Count, Occasioning him actual bodily harm. Third Count, For a common assault; he

PLEADED GUILTY to the Third Count, andMR. SERJEANT BALLANTINEstated that the Prosecutor had been remunerate. To enter into his own recognizances in 500l., to keep the peace towards the prosecutor, and to appear and receive judgment when called upon.

ROBERT GUY. I keep a private boarding-house in Fish-street Hillâon 9th January I was talking with two gentlemen in the first-floor sitting roomâthe door was partly open, and I saw some one steal cautiously byâI went into the kitchen on my toes, knowing that the servants were up stairs, and found the prisoner thereâ(the kitchen is on the same floor as the sitting-room)âthe prisoner had two of my coats, which he was rolling up, and a shirt, which he had taken from a basket of clean linen, and was in the act of taking anotherâthis coat (produced) is mineâI asked him what he was doingâhe would not give me a straightforward answer, so I gave him in custody.

Prisoner. I was just coming out of the room, and he rushed up to me caught me by the collar, and said that I was going to steal the coat. Witness. You had taken them from the other end of the kitchen.

THOMAS GEORGE MILPORD (City-policeman, 580). I took the prisoner in Mr. Guy's kitchenâhe said that he came there to see if he had some captains of vessels wanting to go to sea, as he was aware they used to lodge there.

Prisoners Defence. The prosecutor gave me in charge before he knew what I came there for. I was not wrapping the coats up. I was just coming out of the room, when the prosecutor said that I wanted to steal the coats.

GUILTY .âHe was further chained with having been before convicted at this Court on 25th October, 1858, in the name of George Lawrence ; to which he

PLEADED GUILTY.**â Five Years' Penal Servitude.

313. JOHN M'CAVE (16), and JOHN COOK (17), Stealing 85 lbs. of lead, value 2l., the property of Charles Marshall, fixed to a building; to which M'Cave.

PLEADED GUILTY .

MR. ORRIDGEconducted the Prosecution.

HENRY LUCKING . I live at 2, Fleet-lane, and am a carmanâon Friday night, 9th January, about twenty minutes to 8 o'clock, I was passing down Bride-lane, and I thought I saw some persons get over the churchyard railingsâI walked through Bride-passage out into Salisbury-court, lit my pipe, and walked round Salisbury-square and back again; and, as the clock was striking 8, I saw the prisoners come over the railingsâI stopped M'Cave, who came over second, but Cook called him in the other direction, and they ran awayâM'Cave turned to the left towards Ludgate-hillâI followed him into a court, where I took himâI saw his face distinctly; he is the man.

Cook. It is false; I was not thereâhe said that he knew me by my jacket and trousers: if I had had a black jacket on he would not have known me. Witness. I described your face and dress at the stationâI can swear positively to your countenanceâit was nearly three weeks before I saw you again.

WILLIAM YOUNG . I am fire-engine keeper at St. Bride's, and live at 5, Parsons-court, Bride-laneâabout half-past 8 o'clock that evening I examined the vaults and the churchyard, and found nothing amissâI made a second examination, and found that the lead had been taken away from the roof of the entrance to a vault on the south sideâLucking and I afterwards went to the churchyard and found the lead, some in a bag and some outâit was laid down again by a plumber next day, and fitted perfectly.

JOHN WHITE (City-policeman, 353). On 29th January I apprehended Cook, and charged him with being concerned with M'Cabe, who was in custody, for stealing lead from St. Bride's Church on 9th Januaryâhe said, "You have made a mistake this time, governor."

Cook's Defence. I am innocent. If I get anything done to me it will be innocently. This prisoner knows I am innocent of it.

GUILTY .

Dell, a Thames Police-officer, stated that both prisoners had been repeatedly convicted. Three Years' each in Penal Servitude.

314. EDWIN RILEY (21) , Unlawfully endeavouring to obtain by false pretences large quantities of merino, flannel, and other articles, with intent to defraud; to which he

PLEADED GUILTY .

And his father stated that he had been induced by an actress, to leave his service, and run away to New York.

Confined Twelve Months.

315. JAMES WORTHY (22) , Feloniously forging and uttering a request for the delivery of 2 lbs. of cinnamon and 2 lbs. of oil of cassia, with intent to defraud.

MR. METCALFEconducted the Prosecution.

ROBERT PETSON WARWICK . I am an essential oil merchant, of 3, Garlic-hill, Cityâon 17th December, this document (produced) was brought to me by my clerk, filled up as it is nowâI went and spoke to the youth who bought the order (it was not the prisoner), and then directed the goods to be handed to him, believing that it was a genuine order from Mr. Stunt, whose orders, on similar bill.

ads, I have frequently executed for some time part.

MAURICE GREEN . I am manager to Mr. Stunt, a chemist, of Southwark-square,

Boroughâthis order is on one of his printed formsâit is not filled up by meâhe deals with Mr. WarwickâI gave no order or authority for these goods, and never received themâthis is not the writing of any person in the houseâI only know the prisoner by his occasionally coming to offer goods for sale to me, as a traveller, and I occasionally gave him an orderâI had not missed any bill-heads, but I had received two invoices which had not gone out by my authority, and therefore I marked some bill-heads, which were kept on a desk in the counting-houseâthe prisoner came to that desk when he came to sell me goodsâthis invoice is one of the marked onesâI marked it on the 15th or 16th December, and the prisoner came there between the 15th and 17th, and had an opportunity of taking bill-heads from the deskâI have seen him write on several occasions, and believe this writing to be his.

Prisoner. Q. Will you swear that is my writing.? A. No; but that is my beliefâI do not know of my own knowledge that you were there after I marked them, because I was not thereâI did not see youâI was only told so by somebody else.

WILLIAM ROBINSON (City-policeman, 656). I know the prisoner, and have frequently seen him writeâI believe this order to be his writing.

Prisoner. Q. Will you swear it? A. I did not see you write it, but I have seen you write in my house, and I said before the Lord Mayor that I have seen you write in Mr. Frith the wine merchant's officeâMr. Frith has turned me out of his house for mentioning his nameâhe did not say that it was a shame of me to give evidence against you when he could charge me with robbery; if you wish me to open my mouth I willâhe said that he should lay my conduct before Mr. Harvey, the Commissioner of Police, if I did not get out of his houseâhe was angry because I mentioned his name, as yon are a companion of his two sons.

WILLIAM HENRY STUNT . This order is not in my writing, or written by my authorityâI marked some of these orders.

SEPTIMUS STUNT . This order is not in my writing, or written by my authorityâI saw the prisoner there between the day that the papers were marked and the 17th, but cannot say what day it wasâhe was in the shop, and could take them down.

Prisoner. Q. Were you not there when I was there? A. Yes, but not from the time you came to the time you left; I was called up stairs.

THOMAS BROWN . I am warehouseman to Messrs. Hill, of Jewry-street, Aldgate, wholesale confectionersâon 17th September, this order was brought to me for two quarts of essence of lemon, which I gave to the lad who brought the order, believing the order to be genuineâMr. Stunt has been a customer of mine for many yearsâthis order of the 24th (produced was also brought by a different lad to whom I gave the articles, which were worth 3l.

GEORGE LANYON . I am warehouseman to James Rendle and other, spice merchants, of 33, EastcheapâI received this order (produced) of 3rd December for 84 lbs. weight of nutmegs, value 74l. 18s.âI delivered the goods believing it was a genuine order of Mr. Stunt, a customer of our'sâit was not to the prisoner.

MORRIS GREEN (re-examined). These three orders are all on our billheadsâthey are not in the writing of anybody in the firmâmy fervent belief is that they are the prisoner's writing.

WILLIAM ROBINSON (re-examined). I believe these other orders to be in the prisoner's writing.

Prisoner's Defence. I only wish to ask the Jury whether they can convict me, when neither of the witnesses can swear that it is my writing? it is proved that the goods were not delivered to me, and I did not receive them.

NOT GUILTY .

316. JAMES WORTHY was again indicted upon three other like charges, upon which no evidence was offered.

NOT GUILTY .

317. SAMUEL TERRY (15), and HENRY PALMER (13) , Stealing a purse and 12s. 6d. of Sophia White, from her person; to which they

PLEADED GUILTY .

The officers stated that Terry had been convicted of attempting to pick pockets at the Great Northern Railway; that Palmer had been discharged from a Reformatory within the last three months, where he had been confined for picking pockets; that they were both connected with a gang of young thieves, two of their companions being in prison now Three Years' Penal Servitude ,

318. THOMAS LEONARD (22), and WILLIAM SPENCER (21) , Burglariously breaking and entering the dwelling-house of John Rowland, and stealing therein 12 knives, and other articles, his property, having both been before convicted.

LEONARD.â PLEADED GUILTY ; and the officer stated that he had been convicted fifteen times.â Ten Years' Penal Servitude.

SPENCER.â PLEADED GUILTY to the burglary, but not to the former conviction.

JOSEPH LAMBERT (Policeman, 12 E). I produce a certificate (Read: " Arthur Spencer , convicted at Marlborough-street Police-court, November 4th, 1862,of stealing 2books; imprisoned "two months,") I had him in custody; Spencer is the other personâhe was then called Arthurâhe only came out of prison in the morning, and this burglary was committed at night.

SPENCERâGUILTY.â Four Years' Penal Servitude.

319. MICHAEL KILROY (27) , Robbery on William Seares, and stealing from his person 1 watch, his property.

WILLIAM SEARES . I am a tobacconist of 3, Lower-terrace, Lower-road, Islingtonâon 8th February, about 11 at night, I was at the Blakeneys Head public-house, near Islington turnpikeâthe prisoner was thereâI knew him well by sight, but I had never spoken to himâI treated him with some drink, and he went out with me down the Lower-roadâI saw some one following usâwe went into Mr. Silcox's public-house, at the corner of church-passage, a quarter of a mile offâI cannot be certain whether the person who followed us came in, but a person who was with the prisoner drank with usâI treated them, and then the prisoner took my arm, saying that he would see me home, and went out with meâthere are two steps, and the moment I was off the second step, I was seized behind, and my arms pinioned, and the prisoner came in front of me, took my watch, and gave it a twistâI told him I knew him very well, and could apprehend him at any timeâthey ran away up Church-passageâI cannot say whether the man who pinioned my arms was the man who had been drinking with usâI gave information of the robberyâI have not got my watch back.

Cross-examined byMR. RIBTON. Q. How many public-houses had you been to? A. I bad been to Spring Head, and went to see a friend who

keeps the Blue-eyed Maid, in the Borough, and had tea with him, and a little grog besidesâthat was a little after 7âI was not drinking with the prisoner for the four hours between 7 and 11âwe were sitting in the parlour conversingâa little gin and water was put on the table in decanters, but I took very littleâI was not sober at 11 o'clock; I had been drinking rather freelyâI did not see double; I could walk steadilyâI felt about the same as I do nowâI am perfectly sober nowâthere were seven or eight people at Mr. Silcox'sâI did not treat them all; I treated the prisoner at the Blakeney's Head, but I did not drink with himâI did not drink with him at Silcox's, but I drank by myselfâI had brought a message for Mr. Silcox from Dartford; that is the reason I went there, and I treated the prisoner and his friend to some stout, I believe, it wasâI cannot answer for who drank itâthe prisoner was not assisting me off the steps, nor did I require assistance; he took me by the arm, but I perfectly well knew what I was aboutâthe police came about two minutes afterwardsâit was a silver lever watch.

MR. GENT. Q. Whom were you carrying the message to? A. To Mr. Silcox, from a friend at Dartford, but he did not return till nearly half-past 1âthe prisoner said several times before I left, "I will see you home;" and I did not object to his walking with me.

WILLIAM SILCOX . I live with my father, who keeps the King's Head public-house, Lower-road, Islingtonâon 8th January, about a quarter or twenty minutes past. 12 at night, Mr. Seares came in with the prisonerâno one else came in with them, but I afterwards saw another man drinking with the prisonerâMr. Seares was not quite tipsyâhe was quite sober enough to know what he was about.

Cross-examined. Q. Was he a little gone? A. Yes; he did not treat everybody, he only treated the prisoner and his friendâhe showed it in this way; he called for a glass of wine, and put down a shilling on the counter, my mother drew it and put down 9d., which the prisoner picked up, and put 3d. In the prosecutor's hand, and slid the 6d. On the counter saying, "You have left the 6d. On the edge of the counter"âthe prosecutor could count, and he walked steadily, but he walked about the bar a little excitedâI cannot say how much he had to drink there, as I was not there all the timeâhe had some brandy and water, and the prisoner had several glasses of wine.

COURT. Q. Did Seares deliver any message to you for your father? A. To my mother, but not in my hearingâI do not know whether he delivered itâhe waited till my father came homeâI did not see him leave.

WILLIAM PEARCE (Policeman, N 300). On the night of the 8th, or the morning of 9th January, about half-past 1 o'clockâthe prosecutor came across to me, and complained of being robbedâhe appeared to have been drinking, but could walk quite wellâhe went with me to the station, and gave a description of the man.

Cross-examined. Q. What made you think he had been drinking? A. Because he had a red face, and by the manner in which he talkedâhe did not speak thick.

WILLIAM NEWBOLD . (Policeman, N 151). On the day after this robbery I sent the prosecutor into the Half Moon publicâhouseâI went in afterwards and saw seven or eight menâhe pointed the prisoner out as the man who had stolen his watchâI took him, and told him the chargeâhe said that he knew nothing about it.

GUILTY .âHe was further charged with having been before convicted of felony at Clerkenwell, in January, 1854; to which he

JOHN STIMPSON (Policeman, K 21). On the morning of 23d January, about 9 o'clock, I examined the prosecutor's premises, and found the shutter-bars sprung, and a pane of glass brokenâon the same day I found two odd boots, pawned at Mr. Wood's, and from the description I had received from the prosecutor, I fetched him, and he identified themâI saw the prisoner on the 8th at King Davidâlane station, and asked him how long he had had the pawn ticketâhe said, "About a fortnight"âI asked him where he got itâhe said that he bought it of a man dressed like a sailorâI asked where he livedâhe said, "Charles-street, Druryâlane"âI asked him the number, as I should have to go thereâhe said, "It is no use telling a lie, I have no fixed abode; sometimes one place and sometimes another."

FREDERICK STARLING . I live at 5, Waterloo-terrace, Commercial-road, Ratcliffâon the night of 1st January, my shop was broken into, and some boots were stolenâfrom a noise which was heard, and which we conjectured was the wind, I believe it was about 4 in the morningâI found the shutters shifted one over the otherâthese two boots (produced) are part of my stockâI missed six pairs and two odd ones, worth between 4l. and 5l.âI had fastened the shop the night beforeâthe shutter was all right when I went to bed.

GEORGE WOOD . I am in the service of my father, George Frederick Wood, a pawnbroker, of 90, St. George's streetâthese boots were pawned there on 2d January, by a woman, in the name of Ann Rogersâon 8th January the prisoner came there with the duplicate, and asked to release themâI sent for a constable and gave him in custodyâhe said that he bought the ticket of a sailor.

GEORGE MARTIN (Policeman, K 441). On 2d January, about 4 in the morning, I saw the prisoner standing two doors from the prosecutor's shopâit was raining very hardâI saw him again about ten minutes afterwards, about fifty yards from the house, still under shelterâI heard of the robbery on the morning of the 3d, at eight o'clock, and on the 9th I saw the prisoner in custody.

HENRY LEWIS CAESAR LANGRISH . I am a clothier, of 28, St. John-street, Clerkenwellâon Tuesday, 28th January, about 1 o'clock in the night, I was passing along Goldenâlane, and the prisoner stepped out from a dark doorway, and hit me a violent blow on the side of my head with his fist, which knocked me downâhe kicked me on my hips, knelt on my stomach, unbuttoned my coat, or rather tore the buttons off, and pulled it openâwe struggled togetherâI got him by the collar and pulled him over me, which baffled his intentionâI got up, and found three men and two women surrounding meâI cried out, "Police!"âa constable came up, and the prisoner ran awayâwe chased him through several courts into Golden-lane, crying out "Stop, him"âhe was stopped by a constable, whose fingers he took hold of and wrenched them back, so that he has been under medical treatment

ever sinceâhe then sprang at the constable who gave chose with me, caught him by the hair, and dragged him to the groundâI tried to extricate his grasp and he got hold of my hand, put it in his mouth, and bit me on the knuckles, so that I have the marks nowâtwo more constables then came up, and he pretended to be drunk, and laid down, but suddenly he took hold of one of the constables by the legs, and tried to lift him and throw him over, but we caught himâthe prisoner then got up and kicked and plunged aboutâit took four constables to take him to the stationâthe three women, whom I had seen in rising from the ground, then came to me and gave me a hit or two, but a sergeant and six constables came up and then the women ran awayâthe prisoner was very violent at the station.

Prisoner. I was running down the court, and knocked against him, being the worse for liquor. Witness. You were quite sober, but you said at the station that you should not have done it if you had not been in liquorâyou took a deliberate aim, saying, "Hallo, old man;" and I was down before I was aware of it.

JAMES SANDILANDS . I heard a cry, ran and saw the prisoner kneeling on the prosecutorâas soon as he saw me he got up and ran away through several courts, I and the prosecutor after himâmy brother constables caught himâI took the prisoner by the collarâhe seized me by the hair, and dragged me to the groundâmore officers came up, and we took him to the stationâon the way there he was very violent indeedâhe bit the prosecutor's hand, got away from us, and tried to throw meâthe top button was off the prosecutor's coatâthe prisoner gave a false address at the stationâhe would not give his name over nightânothing was found on himâI did not see the women as I was running.

322. HERMAN STIFTER (24), and MARCUS STIFTER (19), were indicted for feloniously, and without lawful excuse, having in their custody and possession 2 stones, upon which were engraved parts of undertakings for the payment of money of a certain body corporate, constituted by a foreign state, viz., Poland. In a Second Count, the body corporate was described as recognized by the said foreign state; and other counts varied the manner of stating the charge.

MR. SERJEANT BALLANTTNEwithMR. SLEIGHconducted the Prosecution.

ANDREW WHITE TEWER . I carry on the business of a lithographer and wholesale stationer, at 136, Minories, in partnership with Mr. Fieldâin the latter part of last year the prisoner Marcus called upon meâit was about two months ago: I can't say positively, it might be longer: it was about six weeks before I went to the Mansion Houseâhe produced the two tickets which I have in my hand, and asked if I could manufacture tickets similar to thoseâI said I couldâI asked what they wereâhe said they were tickets issued by private individuals over thereâI surmised that he meant Poland, but

that was all he saidâhe then said that Poland was in a state of insurrectionâthat they were going to have a new King, and that was the reason that these tickets would be wantedâhe said they were equal to our promissory notes used over hereâhe asked me the price for 5,000 and 1,000âI told him if he called again I would let him knowâhe said he would call again the next morningâI saw nothing further of him until Thursday, 11th Decemberâhe was then aloneâhe first produced ten slips of paper which I have here, and asked me if I could manufacture similar onesâI said I could, but I suspected that they were moneyâhe asked me the price for doing 100 of etch sort, that would make 1,000âhe said he had heard from his father with reference to the two former tickets, and they would not be wantedâI told him to call again next dayâin the meantime I made a communication to the Russian authorities and the policeâon the following day Marcus called again with a companion, not now in custody, ordered the tickets, 100 of each sort, and left 20s. depositâhe wanted them completed by the Tuesdayâthat would be the 16thâI said I would try to get them done by that timeâhe called on the Tuesday and wanted to know if the tickets were readyâI told him to call again on the Wednesday, which he didâhe said he particularly wanted to have all the tickets delivered by Saturday, as his friend was going over on that day (I am reading from my notes taken at the time)âhe impressed upon me very strongly the necessity of having the tickets done so that no one could tell them from the originalsâon Thursday, December 18th, Marcus called again and I showed him the lithographic stone which is now before meâthis is it with the body of the ticket upon itâon showing him the stone, he went to the door and called in the other prisoner, Herman; that was the first time I had seen himâthe two examined the stone togetherâMarcus professed satisfaction, and introduced Herman as his friend who was going over on SaturdayâMarcus asked me if I was willing to deal with Herman in stationery, and in return I should be favoured with a continuance of his orders for various tickets all the year round in very large quantities, provided they gave satisfactionâwhile they were looking at the stone they spoke to each other in a foreign language; I heard them, but could not make out what they saidâI promised that the whole of the tickets should be done by 12 o'clock on Saturdayâthey then leftâon the following morning about 11 o'clock I had visit from Marcusâhe expressed dissatisfaction that the tickets were not completed, and said he would not have them at all, unless the whole of the order was completed that day, as his friend who was going over could not waitâI again showed him this lithographic stoneâhe promised to return at 4 that same dayâhe did so, and I showed him one of two specimens of the ticketsâhe wanted to take one away, but I retained it, and told him to call again at 5âhe did so, and I gave into his hands fifty-two completed ticketsâthese (produced) are themâhe took them away with himâI told him if he came on the following Monday he might have the remainder of themâthis stone has impressed upon it the back and front of this ticketâthat stone was lithographed by me, and the tickets printed from it, by Marcus's directionâthis other stone has lithographed upon it the border of the ticket, that was also done by his direction.

Cross-examined byMR. METCALFE. Q. You never saw Herman until Thursday, the 18th? A. Noâthe other man, who is not in custody, I saw on Friday, 12th Decemberâhe came into the shopâI don't recollect his conversationâI can't say that he looked at the documents which I was doing; they talked togetherâI am not positive whether that man did not

call at the first visit of Marcus; it is my impression that he didâI first saw Herman on the 18th, and again on the 20thâthe second set of tickets were first produced to me on Thursday, December 11thâI kept the first tickets and have produced them this morning.

SOPHIA CAMPBELL . I keep the Prince Rupert coffee-house, in Prince Rupert-street, HaymarketâI know the two prisonersâI first became acquainted with Marcus about three or four months ago; he used to come and have his meals at my houseâat first he paid on every occasion, and after that he appeared to be in want of moneyâhe told me on one occasion that he expected his father to fetch him home; that was not in relation to moneyâhe afterwards said he had had a letter stating that his father was not coming, but that his brother was comingâI can't say when that wasâI should think it was about a week before his brother cameâon Thursday, 11th December, Marcus came about the middle of the day, and asked if he could have lodgings for himself and his brotherâhe said his brother had arrived the overnightâI said I should be glad to receive himâabout half-past 5 the same day, the two prisoners came togetherâMarcus introduced his brother to me, and paid me a few shillings that he owed meâhe did not say how he was enabled to do itâthey remained there part of the evening, but went out to sleep; I had no bed for them that nightâthey returned next morning, and from that time they continued to lodge with meâMarcus said he and his brother were going home on the following Tuesdayâthey did not go then, and I asked Marcus when they thought of goingâhe said on the Thursday if their business was settledâon the Thursday or Friday I asked him again, and he said on Saturday, if their business in the city was settledâthey went out about 10 or 11 o'clock on Saturday morningâthey came back about the middle of the day, and went out again between 3 and 4âthey did not return any more.

Cross-examined. Q. Herman does not speak English at all, does he? A. No; he did notâthey were always about together, and seemed very affectionateâthey were always together during the time they were at my house.

GEORGE SCOTT . I am a detective officer of the Cityâin consequence of information conveyed to me, I went on Thursday, 18th December, about 12 o'clock, into, the Minories, in the neighbourhood of Messrs. Tewer and Field's establishmentâI was alone on that occasionâI saw the two prisoners coming down the MinoriesâHerman stopped in a doorway, three or four houses away from Mr. Tewer's shop, while Marcus went inâafter a short time Marcus came out, beckoned to Herman, and they both went in togetherâI saw them in the shop looking at the lithographic stone; they remained there about ten minutes; they then came out together and went awayâon the following Saturday, the 20th, I was in the Minories again, in company with Sergeant Brett, between 11 and 12 in the dayâMarcus left Herman, who again went into a doorway, he going into Mr. Tewer's shopâhe remained inside four or five minutes, then came out, and both went away togetherâabout 4 o'clock the same day I and Brett were together, and saw the prisoners again come down the MinoriesâMarcus left Herman as before, and went into Mr. Tewer's shop, and Herman again went into the doorway, as he had done on the previous occasionsâMarcus came out in a few minutes, joined the other, and they both went away togetherâabout 5 o'clock the same afternoon I again saw them coming down the Minories togetherâI then went first into Mr. Tewer's shopâI had not been there above a minute or two, when Marcus came inâafter some little conversation with Mr. Tewer, I saw Mr.

Tewer give him these pieces of paperâI heard Marcus say to Mr. Tewer that he was sorry he had not got them all done, and he would take what was doneâthere was a great deal said between them that I could not hear through carts passing along the street, and not being close enough, but that was what he said in going outâwhen he left the shop I went after himâI saw him join Herman; they walked together about 100 yards up the Minories, and I went to a window where there was a strong gaslightâMarcus gave the papers to Herman, and Herman was in the act of examining them close to the window, when I went up, took them out of his hand, and took him into custodyâI said, "What have you got there?"âhe did not make me any answerâI said, u Where did you get them from?"âhe still made no answerâI then turned to Marcus, and said, "Can he speak English?"âMarcus said, "No"âI said, "Where did you get these papers; what are they?"âMarcus said, "Me? I know nothing about them"âI said, "Ask him where he got them from?" pointing to Hermanâhe said something to Herman, who made some reply, which I did not understand, and then Marcos told me that Herman said he got them from a printer'sâI then told him that we were officers, and must take them to the policeâstation, which we did, and searched themâBrett searched Hermanâ5l. 10s. in money was found on Marcus.

Cross-examined. Q. Have yon seen a number of documents that were produced, and have you made inquiries into the character of the prisoner Herman? A. No; I have made no inquiry, only where he lodgedâI am not at all in a position to say what the character of Herman is.

JAMES BRETT . When Scott was inside the shop at 5 on the Saturday evening, Marcus went to the shop and saw them printing these pieces of paper in the windowâthere was gas burning in the cellar, which is the workshop of Mr. Tewer, and the men were printing these things, which any person could see from the outside; I saw them printingâMarcus came up and saw it also; he then ran and fetched Herman to come and look, and they stood and looked at them for some minutesâI searched Herman, and found on him a pocket-book, containing some pieces of paper similar to those first produced, also two passports in different names.

Cross-examined. Q. Do you know at all what the character of Herman is? A. I do notâI have not made inquiries.

KILIAN SLIWOWSKI (through an interpreter). I am Chief of the cheque department of the Supreme Direction of the Polish Landowners' Associationâthe notes of that body circulate through Poland, under the sanction of the Imperial Governmentâthis (found on Herman) is a genuine couponâthese other papers are promissory notes of a private commercial houseâthey pass as money in the districtâthese papers found in Herman's hand, are all forgeries; they purport to be warrants for the payment of halfâyearly interest on the bonds of the associationâthese coupons are circulated by the associationâthey purport to be coupons issued by the Polish Landowners' Association, similar to the first that I looked atâthe two tickets first left with Mr. Tewer I believe to be genuine promises to pay, but I can't speak positively; they are promissory notes of a private house, in order to facilitate business.

Cross-examined. Q. Does one of these coupons represent the value of about 9s. in our money? A. About 9s. 6d.âthey do not all represent the same sum; they are of different valuesâthe value of the coupon found on Herman is 9s. 6d.

MR. TEWER (re-examined). Ten coupons were originally given to meâthese are they.

KILIAN SLIWOWSKI (re-examined). These are all genuineâthe coupons are payable half-yearlyâone of these is for the first halfâyear, and the other for the second.

MR. JUSTICE WIGHTMANcalled upon the counsel for the prosecution to elect upon which count they relied.MR. SERJEANT BALLANTINEelected to proceed upon the second count.

Benjamin Henry Asher, minister of the Jewish Synagogue, deposed to the respectability of the prisoners and their connexions.

THOMAS LEWIS . I am the son of Isaiah Lewis, an upholsterer, of 26, and 27, Elm-street, Finsburyâon 22d January last, between 12 and 4 o'clock the prisoner came to our shop and asked for an Arabian bedsteadâI showed her some, one at 5l. and one at 2l. 18s.; she eventually bought the cheapest of the two, and paid for it with what I supposed to be a 10l. Bank of England noteâthis is it (produced)âit has on it a stamped endorsement of "Miller and Son, Piccadilly," and some other endorsements, and my own name; I put that on it when she gave it meâI wished her to pay for the bedstead when it was sent homeâshe said she knew it was our custom not to leave the goods without the money, and she would rather pay for it at the time she bought itâI said I had not change in the house, and asked her to sit down while I sent for it, which she didâI sent Reed, our shopman, out with the note to be changedâthe prisoner came into the countingâhouse to give her address, where I was to send the bedsteadâI took it downâit was "Mrs. Beaumont, 1, Wellingtonâplace, Britanniaâstreet, Cityâroad"âwhen Reed returned with the change, he handed me the 2l. 18s. and the prisoner 7l. 2s.âI gave her a receiptâthis is it (produced)âshe took it away with herâwe paid the note away the same nightâit was afterwards returned to us marked "forged"âI subsequently identified the prisoner as the woman who gave me the note.

Cross-examined byMR. DALEY. Q. You found this receipt at Mrs. Tarrant's, did you not? A. No; Inspector Brickwell brought it to usâI believe it was found at Mrs. Beaumont'sâI should say it was nearer 12 than 4 when the prisoner came; I cannot say exactly the time; it was in the middle of the dayâshe had a bonnet on and a dark veilâshe did not raise her veilâI had never seen her beforeâseveral of our men were in the shopâwhen I saw her at the House of Detention there were others in the placeâshe came out, and as she came up the staircase I identified her at onceâshe came out aloneâshe was called out by somebody, I believe by the warderâI sign all the notes I take at my father's shopâthat was the only note I had taken that dayâI did not take the number of itâI had, no doubt, taken other 10l. notes in that weekâI saw this note again about four days afterwards, and saw my name on itâI knew it by that, and by the other endorsements on the backâI did not make an entry of the noteâI recollect it very wellâwe never take the numbers of notesâI generally look at the backs of notesâif this had been a new one perhaps I should have hesitated in taking it, but seeing other endorsements upon it, I thought it had been in circulationâno doubt I had signed other notes that weekâI mentioned to our shopman that I knew the note by these endorsements.

MR. KAYEQ. Did you serve the prisoner with the bedstead? A. Yesâwe were some time talking about itâI had an opportunity of recognising herâI could see her face through the veil.

WILLIAM REED . I am assistant to Mr. LewisâI recollect the prisoner coming to the shop on 2d JanuaryâI was in the shopâshe addressed me first at the doorâshe said she required an Arabian bedsteadâI handed her Over to Mr. Thomas Lewis, and he supplied her with oneâshe was in the shop, I should say, about a quarter of an hour; she eventually purchased a bedsteadâI heard her give her address, "Beaumont, No. 1 or 2, Wellington-place, Britannia-street, City-road"âshe paid the note to Mr. Lewis, and be said to me, "Go and get change for this"âI said, "Have you endorsed it?" and I saw him put "Thomas Lewis" on the noteâI saw some initials or something of that sort on the note besides, but I did not take any particular notice of itâI went and got it changedâI gave the lady 7l. 2s., and Mr. Lewis 2l. 18s.âwhen I gave her the change, she was carrying a black bag or reticule, such as are used by ladiesâshe took a porte-monnaie out of that, and she made the observation as she passed it into the porte-monnaie, "It is very necessary to be careful in the streets of London"âI saw her again at the Worship-street, police-court, and recognised her the moment I saw herâshe was then coming out of a doorway where they keep the prisonersâI don't know whether she came out aloneâI did not hear her asked to put her name on the noteâit is not the custom at our shop to ask parsons to endorse themâit is done at other placesâI have seen my employer do to, bat he is one thing and his son anotherâI never saw the prisoner between the time of the purchase, and my seeing her at Worship-streetâI was going to identify her, and the policeman said, "Come this way"âI said to him, "I have passed the woman"âhe took me into an adjoining room where there were two more, and I said, "That is the woman"âI recognised her as I was going to be introduced to othersâshe was not in the dock, she was standing by the side of a doorwayâMr. Lewis was not with me at that timeâthe prisoner was standing in the court; I suppose she was in custody, I don't know whether she was brought in by mistake.

MR. KAYE. Q. When you said, "That is the woman," had she in any way been pointed out to you? A. Not at allâI can swear to herâI don't know that I should have noticed her so particularly, but for the observation she made about its being necessary to be careful in the streets of London; that drew my attentionâI first passed her at the doorway in the court, and said that was the woman, and then afterwards I saw the same woman in a room, and identified her again.

THOMAS LEWIS (re-examined). I did not ask her to endorse the note; nor did anybody that I heard.

JAMES LEWIS . On 5th January, I took an Arabian bedstead to Mrs. Beaumont's, 1, Wellington-place, Britannia-street, City-road, by the direction of my brotherâI saw Mrs. Beaumontâshe refused to take the bedstead in.

MART ANN BEAUMONT . I reside at 1, Wellington-place, Britannia-street, City-roadâon 3d January, a letter was left at my houseâI took it in; this is it; this is the envelopeâit contained this letter and this receiptâon the Monday following, before 12 o'clock, a bedstead was brought to my house from Mr. Lewis'sâI refused to take it inâI had not ordered it or paid for itâI do not know the prisonerâI had not authorised her or anybody to buy a bedstead for me.

CORNELIUS SUTTON . I am landlord of the Royal Cricketers public-house, old Ford-road, Victoria-parkâI know the prisonerâshe was in the habit

of using our house in November and December lastâon Sunday, 28th December, She came to me with a written order for some spirits, amounting to 8s.âthis is it (produced)âit is signed by a person of the name of Tarrantâthe prisoner handed it to me and said, "If you can change this, I will pay for it"âshe gave me what I supposed to be a 10l. noteâthis is it (produced)âI know it by the name of "Miller and Son, Piccadilly," and "Coleman," written on it; one is printed and the other writtenâI noticed them at the timeâI said to her, "If you will write your name, I will give you change"âshe said she could not write, but she dare say the Missus would do it, and she took it awayâI saw the note again, about a quarter of an hour afterâit was brought by a woman, supposed to be Mrs. TarrantâI had never seen her beforeâI asked her to put her name upon itâshe asked for pen and ink, and wrote J. Tarrant on itâshe said, "It is a very bad pen; but I suppose you don't have so much writing as I do"âI then changed the noteââI paid her 9l. 12s.; deducting 8s. for a bottle of gin, a bottle of rum, and a gallon of the best ale, which had been previously ordered by the prisonerâI passed that note away in the course of business; it was subsequently returned to me as forgedâI saw the prisoner in the house again the morning after I changed the note; but after that I did not see her till 13th January; that was against the Mile End-gateâI followed her some distanceâwhen I got up to her she said, "Well, what are you going to do with me?"âI said, "Have you locked up"âshe said, "For God's sake, don't do that; I don't know anything about it; I did not know it was a bad one; but I will tell you where they live"âshe asked me not to give her in charge in the streetâI said I would not if she would go to the stationâhouseâshe walked a little distanceâI asked her if she knew where there was a policeâstationâshe said no, she did notâI said, "I am sure I do not"âshe went a short distance with me; then she stopped and said she would not go any furtherâI met a policeman and gave her into custodyâas we went along, the man Tarrant came up to her, and tried to rescue herâI knew him beforeâI had seen him at my house with the prisoner.

Cross-examined. Q. Don't you know that Mr. and Mrs. Tarrant lived quite close to your house? A. I did not know that there was a Mrs. TarrantâI knew that people of that name lived nearâI did not know that the prisoner was their servantâshe had not come to my house before on messages from them; neverâwhen I asked the prisoner to put her name on the note, she said she could not writeâshe did not say she would go and fetch her mistressâshe said, "I will take it back; I dare say the Missus will sign it;" she did say "my mistress"âthe Tarrants lived at 36, Bedford-terraceâI have seen the prisoner go into that houseâmy wife was present when the note was passedâshe is not hereâwhen I have seen the prisoner she has had on a black dressâshe did not wear a dark veil or a dark-coloured bonnet; I never saw her with a black bag.

JOSEPH HAYNES (Policeman, K 81). I took the prisoner into custody on Monday, 13th JanuaryâI met her in the street with Mr. Suttonâshe refused to goâas we were going to the station, a man came up behind and tried to rescue herâhe said, "Here, I want to speak to you"âI did not know that man before; I should know him again.

CHARLES COLLINS . I am chief clerk to Miller and Son, wax chandlers, 179, Piccadillyâthe endorsements of Miller and Son, on the notes produced, are not the endorsements of our firmâI have never seen notes so endorsedâwe usually take the names of the person from whom we receive the note, and write it on the back.

JOSEPH BUMSTED . I am an inspector of notes In the Bank of Englandâthese notes are both forged, and are both from the same plate.

COURTtoCORNELIUS SUTTON. Q. Did you not understand the order for the spirits to come from Mrs. Tarrant? A. No; it does not say "Mrs. Tarrant"âTarrant was a customer of mineâthe prisoner did not say whom it was from; whether from Mr. or Mrs. TarrantâI don't think I said before the Magistrate that the prisoner came from Mrs. Tarrantâ(looking at his deposition) I see it is so here, and it says, "Mrs. Tarrant returned with the note"âI did not know whether it was Mrs. Tarrant, only the potman said she lived thereâI always thought the prisoner was Tarrant's wife.

GUILTY .â Five Years' Penal Servitude.

324. JAMES SMITH (19) , Feloniously cutting and wounding Catherine Hawkins, with intent to do her grievous bodily harm.

MR. DALEYconducted the Prosecution.

CATHERINE HAWKINS . I live at 24, Tower-streetâI am married, but am separated from my husband, and now live with my motherâthe prisoner is my brother, and lodges with my motherâthere was a quarrel between them; he used violence to my mother, and I called "Police"âhe ran outâhe returned about two hours afterwards, about 10'clockâI was then in bedâhe made use of a very bad expression, and said he would do for me for trying to get him into custody; and he took up a knife that lay on the table, and stabbed me in the temple and in the armsâI gave an alarm, and some one went for a policeman; but before he returned the prisoner ran off a second timeâthe constable took me in a cab to the Charingâcross hospitalâI had my head bandaged and dressed, and returned home that nightâthe prisoner came in late in the evening, and I gave him into custody.

Prisoner. At the Police-court she laid nothing about the stab in the arm. Witness. No, I did not.

WILLIAM WATERS (Policeman, F 143). I took the prisoner into custodyâhe was in his bed at 24, Tower-streetâhe said he was drunk at the time; he did not know what he was about.

WILLIAM TRAVERS . I am resident surgeon at Charing-cross hospitalâthe prosecutrix was brought there on 27th Januaryâshe was suffering from a wound over the right temple, about threeâquarters of an inch in breadth, and a quarter of an inch deep, leading down to the bone and dividing in its course a branch of the temporal artery, which had been bleeding profuselyâshe had also a wound of the right armâthey were incised wounds, such as a knife would produceâI have not seen her sinceâI only dressed her wounds, and she went awayâI advised her to come into the hospital, but "she wished to remain outâthe wounds were doing very wellâthey were not dangerous; erysipelas might have supervened, but it has not.

Prisoner's Defence. I am very sorry; we were all drunk. She irritated me when I went back the second time to lie down, and hit me in the head with a basin or something.

CATHERINE HAWKINS (re-examined). I had been drinking a little over night, but not that morningâI should be very sorry to hurt himâhe has been a good brother to me; I dare say I aggravated himâI feel no bad effects from the woundsâI hope this will be a warning to himâI only want protection.

GUILTYof unlawfully wounding.â Confined Six Months.

THIRD COURT.âWednesday, February 4th, 1863.

PRESENTâMr. Ald. CONDER; Mr. Ald. BESLEY; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant.

325. CHARLES HENRY MASON (38) , was charged upon three indictments, with embezzling three sums of money, of Rick man Godlee, his master; also feloniously forging an endorsement for the sum of 8l. 18s., with intent to defraud; to all which he

PLEADED GUILTY .âRecommended to mercy by the Prosecutor on account of his wife and family.

BENJAMIN ADAMS (City-policeman, 214). On Wednesday evening, 21st January, about halfâpast 5, I was with Rowland, another officer, in Newgate-streetâI saw the two prisoners, and two other men, not in custody, in companyâMarshall was carrying this roll of cloth (produced)âI followed them into Skinner-street, about fifty yardsâI then stopped Marshall, and asked what he had got there, and what he was going to do with itâhe said, "Ask that man there; it belongs to him," pointing to Watsonâhe then threw the cloth between my legs and ran awayâRowland took Watson is custody; Marshall got awayâthe other two went away first, as soon as we went upâI was in plain clothesâI had never seen the men beforeâI saw Marshall again on the 26th, in the custody of RowlandâI have not the least doubt at all about his being the man I saw on the 21st.

Watson. Q. Did you not say, when you came up, "Let us take him, as we can't take anybody else?" A. Noâyou did not attempt to run away; you had no chance, because the other officer had hold of you directly.

Marshall. That gentleman never stopped me at all. I was at home all that day. I saw him last Thursday week, and another gentleman, in company with him.

MR. THOMPSON. Q. What time was it you saw Marshall on Wednesday? A. Between 5 and half-past 5; I could not say exactly to a few minutes.

COURT. Q. Were the four men walking or standing still, when you saw them? A. They were all four walking together, on the pavement, down Newgate-street; Marshall was walking on the kerb, next the road, and the other three were walking close byâhe had the cloth on his left shoulder, next to the other menâat the corner of the Old Bailey, before they turned into Skinner-street, they were all in conversation togetherâthey made a halt at the cornerâI am positive they were all in conversation.

WILLIAM ROWLAND (City-policeman, 247). I was in company with Adams, on the evening of 21st January, in Newgate-street, about halfâpast 5, as near as I can sayâI saw four men in companyâMarshall was carrying this clothâWatson was in company with himâthey walked down Newgateâstreet; made a halt at the corner of the Old Bailey; were in conversation there about a minute, and then went on down Skinner-streetâwe followed them into Skinner-street, when Adams stopped Marshall, and I caught hold of Watsonâthe other two ran away, and Marshall then threw the cloth

down, and ran away tooâI asked Watson what he was going to do with that bundleâhe said, "Me, sir? I don't know anything about them people; I have just come out of that house"(pointing to a house in Skinner-street) "where my father lives"âI took him to the house he pointed to, and found he was not known thereâI then took him to the stationâI searched him, and found an old pair of gloves, and two handkerchiefs on himâI afterwards took Marshall, about a quarter-past 12, on the night of the 26th, in High Holborn, pretty close to Brownlow-streetâI told him I wanted him for being concerned, with three other men, one of whom was taken into custody, for stealing a roll of cloth, from Mr. McGregor's warehouse, in Cheapsideâhe said he did not know anything about any roll of clothâI told him I was quite certain he did, and I should take him into custodyâI then took him to Smithfield policeâstation, searched him, and found a pawnâbroker's duplicate on himâhe gave me his correct addressâI had not known him beforeâI have no doubt at all that he is the man I saw carrying the cloth on the 21st.

Watson. He never took me into the house at all.

Witness. I took yon into the house, and asked a gentleman there, if anybody of that name lived thereâyou asked for the name of Watkins, and the gentleman said no one lived there of that nameâI had hold of you at the time.

COURT. Q. Did you say anything to Marshall about having seen him with Watson, and with the cloth, when you took him? A. I did not.

Marshall. I was not there on Wednesday night; I was at home.

THOMAS MCGREGOR . I am a woollen warehouseman, in CheapsideâI have seen this roll of cloth beforeâI examined it at the policeâstation the morning after it was stolenâit is my propertyâit cost me, within a few shillings of 14l.âit originally measured sixty-nine yardsâwe cut some offâit now measures about sixtyâeight and a halfâI missed it from my shopâI do not know when I saw it last before that; it only came in on the 14th.

JOHN PORTER . I am in the employment of Mr. McGregorâI have seen this roll of clothâI identify it as his propertyâI saw it on the morning of the 21st; the day it was stolenâit was then on a pile of goods, about a yard from the doorâI missed it next morning when the policeman came in to make inquiries.

Watson's Defence. I don't know this other prisoner. I never saw him in my life before, and I don't believe he ever saw me. I ran up to a crowd, when they came and stopped this man, and when the other man went away they took me into custody. I saw the man that had the clothâit was a taller man altogether than this man.

Marshall's Defence. I know nothing at all about it. Rowland did not catch hold of me when he first saw me. My mother was at home with me on Monday and Wednesday, and can prove I was at home all day; I should like to call her.

CHARLOTTE MARSHALL . I live at 8, Fisher-street, Red Lion-squareâthe prisoner Marshall is my sonâI remember the 21st of January, it was on a WednesdayâI was at home, washing all day; my son was also at home all dayâhe was not wellâhe was only Confined at home that day unwellâhe was in bed till between 11 and 12âI called him; he got up and had a little breakfast, and went down stairs once or twiceâhe was not wellâI had occasion to go out in the evening after 6âthere were only my little children in the houseâone is a baby, eleven months old, one three, one six, and one

just gone eightâmy husband was out all dayâhe took his dinner with him that day, it being my washingâdayâthat was the only day my son was unwellâhe is a printerâhe worked last for Mr. Cann, about three months backâhe has had no work since thatâhe has not been wellâhe has been looking out for workâhe has occasionally been ill for the last six weeksâhe is a patient of King's College HospitalâI supported him out of his father's earnings.

Cross-examined byMR. THOMPSON. Q. You only occupy one room at this house? A. One roomâI have five children younger than the prisonerâwe all sleep in that roomâwe have not been there longâmy son has always been living at home with meâI can't say what time he went to bed on this Wednesdayâsometimes I hear him come in, and sometimes I do notâwe do not sleep all in the same bedâit is impossible for me to tell what time he came home; it might have been towards the morningâsometimes I go to bed earlier than the othersâhe has of late been in the habit of coming in all hours of the nightâhe has not slept away from my home since Christmas; previous to that he did, perhaps a night, or two nights a week.

JOHN GARDNER . I am one of the senior clerks in the General post-office. On 10th January I prepared this letter (produced)âI had no previous communication with Mr. GutchâI enclosed eight penny postageâstamps marked, in the letter, and gave it to the policeâofficer Crocker to postâI sealed itâit was fastened with sealingâwax when I gave it to Crockerâthere was no gum on itâit was not addressed by me; it was addressed when I gave it to Crockerâthat must have been about 1 o'clock on Saturdayâthere was a penny postageâstamp affixed to the face of the envelope on the right-hand top corner when I gave it to himâthis is the letter I gave to himâthe envelope has been opened, and re-fastened apparently with gumâthere is no stamp on the face of it, and there is no mark of its passage through any post-office.

Cross-examined byMR. COLLINS. Q. This letter is dated from York-place, Peckham, from Mr. Gutch; is there such a person? A. YesâI used his name without his authority.

WILLIAM CROCKER . I am a policeâconstable attached to the post-officeâI received this letter from Mr. Gardner on Saturday, 10th January, and put it into the pillar-box in the Queen's-road, Peckham, about a quarter-past 10 that nightâit was securely sealed at that time, and it had a postage-stamp on it.

JAMES NASH , Jun. I am a letterâcarrier at Peckham. About ten minutes past 10 on the evening of 10th January I cleared the pillar letter-box in the Queen's-road, PeckhamâI took out all the contents, and took them to the Peckham officeâthe letter-box would have to be cleared again at a quarter to 7 on Mondayâwhen I took the letters out, to the best of my belief T locked the boxâbeing three weeks ago I cannot speak to thatâI am in the habit of doing so.

STEPHEN REYNOLDS . I am a letterâcarrier at Peckham. On Monday, 12th January. I cleared the letter-box in the Queen's-road, Peckham, at a quarter before 7âI found the box locked when I went to itâI took out all the

letters, and took them to the Peckham-officeâthey would be sent from there to the Southâeastern office, in the Borough.

ROSINA ROGERS . I am assistant to Mrs. Bull, the receiver at the Peckham post-officeâI was there on the morning of 12th January, and received all the letters that were brought there by the letter-carriersâthey are brought in bagsâwe add our letters to the bags, and then forward the bags to the South-eastern office.

Cross-examined. Q. Are the bags that are brought from these pillar letter-boxes locked? A. No, they are openâthey are not sealedâI seal the bags.

MR. CLERKQ. Whom are they brought by? A. They are brought to our shop by the letter-carriersâwe seal the bags and despatch them to the South-eastern office.

JOHN BULLARD . I am a sorter at the South-eastern district-office. On Monday, 12th January, I received the collections from the Peckham-officeâthe bag despatched from Mrs. Bull's, at Peckham, comes to us sealedâit arrived in its proper state on the morning of the 12th JanuaryâI opened the bagsâI do not stamp the letters as they come out of the bags; they are stamped by the stampersâthis letter was not among the letters that came out of the bags that morningâthe postageâstamp is obliterated directly the letter comes out of the bag.

Cross-examined. Q. Do you do that? A. No.

CHARLES HENRY HULSE . I am one of the cashiers at the Union Bank branch in Argyle-street, Regent-streetâon Monday, 12th January, the prisoner came to my desk at the bank, and brought me this envelope, containing this letterâI opened it and read itâit was fastened with wax, the same as this envelopeâI opened the letter and tore it in this way in opening itâthese stamps were in the letterâI did not say anything to the prisoner after I read itâI took it into the manager's room, and gave it to the assistantâmanager, and he came out.

THOMAS PHILLIPS . I am the assistant-manager at the branch of the Union Bank, in Argyle-street, Regent-streetâon the morning of 12th January I received this letter from Mr. Hulseâhe had opened it at that timeâa constable connected with the post-office, named Bingham, was then at the bank.âhe had made some communication to me that morning, and I spoke to him when the prisoner cameâI went to the counter where the prisoner was standing, with the letter in my hand, and said to him, "Did you bring this letter from Mr. Gutch?"âhe said, "Yes, I did"âI said, "How is he?"âhe said, "Very well"âI said, "When did you see him?"âhe replied, "This morning"âI then told him to go into the private room, and pointed out where it wasâBingham was then standing by the prisoner's sideâin order to go from the counter to the private room, you pass the outer door of the bankâthe prisoner made an attempt to go out of that doorâhe walked round from the counter, as I thought, to enter the manager's room, but he made an attempt to leave by the outer doorâhe went in the direction of the outer doorâBingham was by, and he stopped him, and accompanied him from the door to the manager's roomâI also went into the roomâthe manager was thereâhe asked the prisoner where he got the letter fromâhe said it was given to him by some person in the streetâhe was then asked where he livedâhe said, "At Lambeth"âhe was then taken into custody by Binghamâit was about twenty minutes past I when this took placeâMr. Gutch does not bank at our bank.

Cross-examined. Q. You don't know such a person as Mr. Gutch, then?

A. Noâyou do pass the door to go to the manager's room, but you do not go near itâBingham was in private clothes, and close to the prisoner, and I was behind the counter.

MR. CLERK. Q. When you first spoke to the prisoner as to where he got the letter from, he told you, as I understand, that he had it from Mr. Gutch? A. Yes; and afterwards that he had it from a man in the street.

HENRY BINGHAM . I am a police-constable attached to the post-officeâon 12th January I received instructions to go to the Union BankâI was there when the prisoner came with this letterâI had made a communication to Mr. Phillips, the assistantâmanager, before the prisoner came, and he then made a communication to meâI saw him go round to the desk where the prisoner was standing, and after some conversation with him, he asked him to go round to the manager's room, at the same time pointing out where the room wasâthe prisoner had to pass the door to go there, and as he was passing the door he made a bolt towards it, and I stopped him just as he got to itâI said, "This is not the way to the manager's room"âhe would have been about three yards from the door, if he had gone straight to the manager's roomâhe was quite close to the door when I stopped him, and the door was partly openâI then took him to the manager's roomâthe manager asked him how he came in possession of the letterâhe said that a man in the street gave it himâhe told Mr. Phillips before that Mr. Gutch had sent him with itâhe was asked his nameâhe said his name was Wilmot, and he lived in LambethâI asked him what part of Lambethâhe said, "I don't know who you are, and I shall refuse to tell you"âI then told him that I was a police-officer attached to the post-office, and he was in possession of a letter that he had no business with; if he still refused, I should have to mention it hereafterâhe said he should still refuse to give me his addressâI asked him where the man was when he gave him the letterâhe said he did not know the name of the street, but it was about three turnings down, pointing towards Regent-streetâI sent for a cab, took the prisoner with me in the cab, and asked him to show me the spot, or the man of whom he received the letterâwhen we got down to Coburg-place, in Regent-street, he said, "This is where the man stood when he gave me the letter"âI asked him if be could see the man anywhereâhe said no, he could notâI then took the prisoner in the cab to the General post-officeâhe was there asked his name and addressâhe gave the same name, but said then that he lived at Hackneyâhe was asked what part of Hackney, but be refused to stateâhe said he had only been in London three weeks; previous to that he had lived in Ipswich for three years; that he was a watch-spring maker, and that he was probably known to all the watchâmakers in Ipswichâhe also said that his wife lived at Ipswichâhe did not mention the names of any people thereâhe was asked the name of any person who knew him at Ipswich, but he did not give any name.

Cross-examined. Q. When the prisoner came into the bank, where were you? A. I was in a private roomâI did not see him enter the bankâhe went very quietly with me in the cabâI took hold of himâhe took me to a spot where he said the man stoodâ(letter read: "10/1/63. York-terrace, Peckham. Sir,âAs I shall not to able to get to town for a day or two, I will thank you to send me 10l., and debit my account with the amount Have the goodness to send me also halfâaâdozen stamped cheques, payable to order. I enclose six postage stamps in payment for them. Yours very. truly, J. Gutch." Directed, "Cashier, Union Bank, Argyle-street.")

JOHN ENGLISH GUTCH . I reside with my father, at Peckhamâhis name is

John Joseph William Gutchâthis letter is not In my handwriting, nor hisâI had never heard anything about it before it was sentâI do not bank at the Union Bank, nor does my fatherâI have never seen the prisoner beforeâmy father is not here to-dayâon 12th January, he was very ill indeedâthe prisoner was never at our houseâI never saw him in the street that I am aware ofâI never gave him a letter to take to the Union Bank, in Argyle-street.

Cross-examined. Q. Where do you bank? A. At Barclay'sâI have not an account there myselfâI don't bank anywhereâmy father doesâmy father is at home very illâI am a pin and needle makerâI do not approve of people forging my nameâmy father does not allow anything of that sort, that I know ofâhe does not let me send these sort of lettersâI was with my father on 12th January, but not all day.

The prisoners statement before the Magistrate was here read as follows:â"I was met by a man in Regent-street, who gave me a letter, and told me to take it to the bank, and wait for an answer. I shall not give my address.

GUILTY .â Four Years' Penal Servitude.

328. JOHN LAWRELL (24), JAMES MURPHY (21), and JAMES CONNOR (26) , Robbery with violence on John Williams, and stealing from him a watch and chain, his property.

MR. CLERK, for the prosecution, offered no evidence on this charge.

The prisoners were again indicted for assaulting John Smith, and occasioning to him actual bodily harm.

MURPHY and LAWRELL

PLEADED GUILTY to the assaultâ Confined Three Days' each.

MESSRS. CLERKandORRIDGEconducted the Prosecution.

JOHN WILLIAMS . I live at 17, Holborn, and am a carpenter and joinerâon the night of 27th December, I was with a man named Smith, in Church-lane, Chancery-lane, about a quarter to 10âI saw Lawrell and Connor thereâI was assaulted thereâI was not knocked downâConnor left the otherâwhile I was being assaulted, he hit meâI could see whether he did anything to SmithâI did not hear him say anythingâhe ran away towards the public-houseâI followed him there, and he went through a passage, and I lost him.

Connor. Q. Did you see me at the time this row commenced? A. Yesâyou struck meâI don't know the sign of the public-house.

JOHN SMITH . I was with the last witness on this night, in Church-passage, near Chancery-laneâI was knocked down by a violent blow from LawrellâI don't know with what instrumentâI was taken to the hospital, and my face was strapped thereâI can't swear to Connor being there.

Connor. Q. Are you not brother to the first witness? A. I amâmy name is WilliamsâI go by the name of Smith.

CHARLES DUBOKAY . I keep a coffee-house, in Cursitor-streetâon this Saturday night in question, I heard a disturbanceâI was then in a public-house kept by Mr. Suttonâthere is a passage just by the door of the houseâI went to the door and looked outâI saw Smith down on his back, in the middle of the roadâhe was most brutally used, and the blood was streaming from his templeâLawrell was one amongst them, and a short man, with corduroy trousers onâI have not seen him sinceâI cannot identify either of the other prisoners.

CONNORâ NOT GUILTY .

329. THOMAS HOSKINS (42) , Feloniously wounding Henry William Darling, with intent to do him some grievous bodily harm.

MR. SLEIGH, for the prosecution, stated that he had conferred withMR. RIBTON, who appeared for the prisoner, and, with the sanction of the Court the prisoner would plead

GUILTYto unlawfully wounding.

Several witnesses spoke to the prisoner as being a quiet and inoffensive man.

Confined Three Months, and at the expiration of that time to find sureties, himself in 100l., and two securities in 50l. each, to keep the peace for twelve months.

330. JOHN WALL (18) , Stealing a handkerchief, value 2s. 6d., the property of Charles Burdett, from his person.

MR. THOMPSONconducted the Prosecution.

CHARLES BARTLETT . I live at 9, Wormwood-street, Cityâon Thursday, 22d January, about half-past 12 o'clock, I was in my shopâI saw the prosecutor in the street, and saw the prisoner take a handkerchief or something from his pocketâI caught him by the back of the neck, and pushed him before me up the street, until I touched the prosecutor on the shoulder, and told him the prisoner had got his handkerchiefâI believe the handkerchief fell at their feetâthey were close togetherâa constable was called, and the prisoner was given into custody.

Prisoner. Q. Did you see me drop anything? A. I did notâI saw you steal the handkerchief from the prosecutor's pocket, wipe it across your nose, and put it in the breast of your coat.

CHARLES BURDETT . I live at 33, Binfield-street, Stock wellâon 22d January, about half-past 12, I was in Wormwood-streetâthe last witness pushed me on the shoulderâhe had the prisoner with himâhe said, "You have had your pocket picked"âI immediately turned round, and found my handkerchief at my feetâit had been in my left tail pocketâthis is it (produced).

JOHN ENWRIGHT (City-policeman, 647). The prisoner was given into my custody with the handkerchief.

Prisoner. I was not brought up to be a thief. I was working at one place for five years and a half, and the constable knows it. Witness I knew him to be at work for about twelve months at a tailor's shop in Houndsditch, about two years agoâI have known nothing of him since thenâI found nothing on him.

GUILTY .âRecommended to mercy by the Jury; but an officer stated that he had been three times summarily convicted. Confined Twelve Months.

331. ROSE ANN LESLIE (25), and SUSAN JOHNSON (40) , Stealing a key, a purse, 6 pieces of paper, and 11s. 6d., the property of James Joseph Syer, from the person of Ethelberta Syer.

MR. LAXTONconducted the Prosecution.

ETHELBERTA SYER . I am the wife of James Joseph Syer, a surveyorâI had been staying at Lewisham, and on Saturday afternoon, 17th January, I came up to LondonâI went to the General post-office to purchase a postage stamp for Melbourne, and went from there to Newgate-streetâto the best of my belief, this (produced) is the stamp I purchasedâtwo police-officers, in plain clothes, came up to me in Newgate-street, and, from what they said, I found I had lost my purseâwhen I last saw it safe there was in it a half-sovereign, a shilling, a sixpence, a postage stamp, a penny, a halfpenny, and two farthings; a return railway ticket, and four other tickets, and a key.

Cross-examined byMR. RIBTON (withMR. PATER). Q. What time was this? A. Between 3 and 4 in the afternoonâI don't exactly know the time.

WALTER BETT (City-detective, 461). On 17th January, between 3 and 4 in the afternoon, I was in Newgate-street with Dawson, of the if they came towards her, they turned roundâLeslie went on the right-hand side of Mrs. Syer, and Johnson close behind herâI saw Leslie lift Mrs. Syer's cloak up, and put her hand into her pocketâwhen at the corner of Warwick-lane, I saw Leslie give her a push; I then lost sight of Mrs. Syerâwhile Leslie was lifting up the cloak, Johnson was standing close by her; she could see what Leslie did very wellâI ran across the road with the intention of catching Mrs. Syer, but I did not see her at that timeâabout ten minutes afterwards I met her, and asked her if she had lost anythingâshe said she had lost a purseâthe prisoners went down Warwick-lane, towards Newgate-marketâthis was about twenty minutes past 3âI afterwards found the prisoners in St. Paul's-churchyard, about twenty minutes to 4, both togetherâI took them into custody, and took them to the police-station, where they were searched by a witnessâI told them what they were charged withâthey said they had not been in Newgate-streetâI am quite positive they are the two I saw in Newgate-streetâI had been watching them from a quarter to 2.

Cross-examined. Q. You were in plain clothes, I believe? A. YesâI was out on my own pleasure, not on dutyâI did not start with the intention of hunting after thievesâI only went on a little private business of my ownâmy duty has been at night for the last two or three months, since this garotting has been outâI was on duty the night before thisâI started from home about 12 o'clock on this dayâit was at the corner of Warwick-lane that I saw this doneâthere was a crowdâI was about fifteen or twenty yards from Mrs. Syer, on the same side of the streetâDawson was on the opposite sideâthere were a great many persons between me and Mrs. Syerâthe street was crowded with people, as it usually is; persons of all classes; plenty of crinolines, and things of that sortâI could see over their headsâI saw Mrs. Syer, but she got into the crowdâI lost sight of her, looking after the prisonersâI met her about ten minutes afterwardsâI was standing in the street during that ten minutes, conversing with Dawsonâshe was coming towards where I was standingâI stood within about a yard of the placeâthere was a great deal of traffic at the time this occurred, and I could not catch herâLeslie put her hand in Mrs. Syer's dress pocket, on the right-hand sideâI saw them in St. Paul's-churchyard about fifteen or twenty minutes after seeing them in Newgate-streetâit was not crowdedâJohnson had some sausages, which she said she had boughtâI make reports at the station when I am outâI do not get anything additional for this, only a great deal of troubleâit is not idleness to be hereâI have been here three daysâI was not before the Grand Jury till TuesdayâI had another case on, on Monday, a burglaryâI went before the Grand Jury on Monday in that caseâit is no amusement to be hereâI am standing about, as we all doâI was on night duty last nightâI only get a shilling a-day from the Court for being hereâit costs more than thatâif there is a conviction, it is reported at the officeâI did not go to the King of Denmark public-house, in the Old Bailey, on this dayâI did after this occurredâI never was there

beforeâI did not state there that Mrs. Syer would not swear to what I wanted her.

MR. LAXTON. Q. Are you in the habit of being employed by the police force in plain clothes? A. Yes.

HENRY DAWSON (Policeman, A 301). I was in company with Bett on 17th January, in Newgate-streetâI was on dutyâI had just come from the CityâI saw the two prisoners on that afternoonâI had known them beforeâI first saw them in the Poultry, and then in Newgate-street, just at the corner of Warwick-lane, going eastwards, towards the Post-officeâI also saw Mrs. Syer; she was going westwardâI was on one side of the street, and Bett on the other, some part of the timeâthe prisoners saw Mrs. Syer, and turned round and followed herâLeslie went on her right side, and, with her left hand, lifted her cloakâJohnson was close behind her, preventing any one else getting between themâthe prisoners then turned back and went down Warwick-laneâI then spoke to Mrs. Syerâshe said something to me, and I went in search of the prisonersâI did not find themâI went in one direction, and Bett in anotherâhe found themâI was not with him at that timeâI have no doubt whatever that they are the women I saw.

Cross-examined. Q. Had you had any communication before this with Bett? A. Yes; I had been walking with him about an hour and a halfâI had been up to Great St. Helens, and was coming home to Marlborough-mews police-station, where I belongâwe did not go into any public-housesâthe prisoners didâI was standing behind a cart, on the other side of the road, when I saw the prisonersâMrs. Syer was about the middle of the pavementâit was Leslie's left handâshe was not right in front of the protecutrixâshe reached her hand overâthere was nothing in the way just at the time I saw thatâthere was traffic in the street in other parts, but it was free just there at that timeâa number of omnibuses came up just after, when I was about to crossâBett could not get up to them eitherâI saw him at the corner of the lane, looking out for themâI crossed over to Warwick-lane as soon as I couldâBett was there thenâI cannot say where Mrs. Syer was thenâwe lost sight of her at that timeâI saw her afterwards talking to Bett, and we then went after the prisonersâwe separatedâI took Newgate-street, and he went round St. Paul'sâI went home after the prisoners were chargedâthe inspector did not ask me where I had beenâhe knew I had gone to Great St. HelensâI said I had been engaged in a charge in the City.

MR. LAXTON. Q. How long had you been watching them? A. About an hour and a half, I thinkâit was about a quarter past 2 when I first saw them, along the Poultry, Cheapside, and Newgate-street.

SUSAN MARSHALL . I am employed as a female searcherâthe two prisoner! were brought to me on 17th JanuaryâI searched themâon Johnson I found 4s., a threepenny-piece, 3 1/2 d. in copper, and a knife; and on Leslie, four florins, four shillings, four sixpences, a threepenny-piece, 10 3/4 d. in coppers, five postage stamps, and one sixpenny stampâthis is the stampâit is an ordinary sixpenny stamp.

Cross-examined. Q. There is nothing about Melbourne on it, is there? A. No; I don't see itâit is an ordinary sixpenny postage stamp.

FREDERICK ANSELL . I am barman at the King of Denmark public-house, Old BaileyâI know the two prisonersâon Saturday, 17th January, they came in and changed a half-sovereignâI don't know what time it wasâthey had half a quartern of gin, and I gave them 9s. 9 1/2 d. changeâthey drank togetherâI can't say what money I gave the change in.

Cross-examined. Q. Was this not between 12 and 2? A. I think it was about that timeâit might be as late as between 3 and 4âI thought it was between 12 and 2âI think it was from about 12 till 2âI think so nowâI know that man (Bett)âhe came into our place on the following Monday morningâhe called for a glass of stout, and asked me whether there were two females changed a half-sovereign on SaturdayâI never heard Bett say, "I can't get the old woman to swear what I want her"âhe never said that to me.

COURT. Q. Was this half-sovereign changed on the Saturday after your dinner? A. Yes; I had had my dinnerâI have my dinner all manner of timesâI can't say what time I had it that dayâthe latest I have my dinner is half-past 1 or 2, and the earliest about 12âthere is no fixed time for it to be ready, one time is not more usual than anotherâthere is no usual time for dinnerâI don't know whether it was early or late on this Saturday, but it was after dinner.

Witness for the Defence.

FRANCIS ALLEN . I live at 2, Westcott-terrace, Stoke Newington, and am an engraverâI was with Leslie on Saturday, 17th January, between 10 and 11 in the morningâI went to a public-house with her, and we had a pint of stoutâfrom there I went to the district post-office at the corner of Pakington-street, Lower-road, Islington, and she purchased a shillings-worth of stampsâshe bought a 6d. stamp, and some penny ones, I don't know how manyâshe posted a letter with one of them.

Cross-examined byMR. LAXTON. Q. Do you keep a shop? A. No; I keep a houseâI have known Leslie for the last ten or eleven monthsâshe lire close to Victoria ParkâI met her accidentally on the morning of the 17th JanuaryâI was out on businessâshe went into the post-office and I went with herâI have been in the stationery business, and she told me what she wanted, and I went in to look at the book to see what she wantedâI asked for them, and she paid for themâI can't say that I know the other prisoner.

MR. PATER. Q. Did she tell you what she wanted the 6d. postage-stamp for? A. To send to a friend at Gibraltar, and I went in to look at the book to we what stamp she would want.

JURY. Q. What relation are you to the prisoner? A. None whateverâI became acquainted with her through her brotherâI engraved a card-plate for him.

GUILTY .

Johnson was further charged with having been before convicted of felony at this Court in May, 1856, having then been previously convicted; to this shePLEADED GUILTY.**â Five Years' Penal Servitude.

LESLIE.â Confined Twelve Months.

332. BARTHOLOMEW McCABE (26), Burglary in the dwelling-house of Patrick McCabe, and stealing 3 coats and other, articles, the property of James McCabe.

JAMES MCCABE . I am a carman, and live with my father at 5, Davenport-street, Commercial-road, Eastâthe prisoner is my brotherâon the night of 22d January, I fastened up the house, all the doors and windowsâI and my wife were the last upâI went to bed some time after 10âI came down in the morning as usual about 8âI found the shutters of the kitchen-window had been forced open, the nails drawn from the bolt which fastened the shutter, and the window had been opened, though it was shut when I downâthe shutter being forced, the window could be opened so as to

admit a personâI missed two coats of mine, a hat, and a cravat from the kitchen, likewise a coat of my father's, but he does not like to prosecuteâI saw the things next morning at the station, except the two coats.

WILLIAM HALL (Policeman, K 425). I produce some clothesâI took this coat off the prisoner's back on the 23d, about 12 o'clockâI had then heard of the burglaryâI told him that he had three coats, a scarf, and a hatâhe said, "This is one of the coats; it is my father's, I believe;" and in going to the station he said, "I had just as much right to them as my father or my brother"âI had told him I should take him into custody for stealing themâhe was right in front of his father's house when I took himâonly one coat was foundâI don't know where the prisoner lives.

Prisoner's Defence. I have nothing to say.

JAMES MC CABE (re-examined.) My brother lived in the same house with us for some timeâhe left six years agoâwe have had him back now and then to try him, but we cannot do anything with himâhe is a drunkardâhe used to help my father until the last five yearsâit is my father's businessâwe help himâmy father has the moneyâhe never made any distinction between usâwhen we wanted a suit of clothes we used to go and order them, and my father used to pay for themâit is all through drinking.

NOT GUILTY .

FOURTH COURTâWednesday, February 4th, 1863.

PRESENTâMr. RECORDER and Mr. Ald. PHILLIPS.

Before Mr. Recorder.

333. ROBERT SEYMOUR (18) , Stealing 1 coat, and other articles, the property of Charles Clarke; to which he

PLEADED GUILTY .*â Confined Twelve Months.

334. JAMES WELSH (33), Burglariously breaking and entering the dwelling-house of John Green, and stealing 29 pairs of boots, 29 pin of shoes, a coat, and other articles, his property.

MR. DICKIEconducted the Prosecution.

JOHN GREEN . I live at 5, Ann's-place, Spitalfieldsâon the night of 26th December, I went out about 10 o'clock, I returned about a quarter-past 12âI left some boots and shoes on the racks in the shopâwhen I returned I found the stock all gone, and a chest of drawers broken openâthese boots and shoes (produced) are mineâI know them by my own make.

Prisoner. Q. You never saw me in your place, did you? A. No; I have seen you passing by several times, that is all.

ABRAHAM EVEREST (Police-constable, H 148). On the 27th December, at 2 o'clock in the morning, I was on duty in Thrall-streetâseeing the prisoner and some of his companions standing at the door, and looking out of the house where the prisoner lives, I watched themâthe prisoner left the houseâI turned on my lamp, looked in, and I saw these boots and shoes lying aboutâI asked the prisoner to come back, and asked him where be hart got the boots and shoesâhe said they were not hisâhe became very violentâit took three constables to take himâI searched the bed and bed-clothes, I found the frock, two scarfs (produced), and other things about the beds.

COURT. Q. Do other people live in this house where the prisoner lived? A. Yes; up stairs, but they do not go in at the same doorâhe has a front

and a back roomâthere is a side doorâthe property found was in the rooms occupied by the prisonerâI have known him before.

Prisoner. Q. When I made a rush out did I not say, "I won't go until I find the man that left them there," and that "I lent a half a crown upon them"? A. cannot say exactly what you said thenâyou said you would not go, and you tried not to go.

ELLEN GREEN . I am the wife of John Green, and live at 5, Ann's-place, Spitalfieldsâon the night of 27th December, my husband went out about 10 o'clock, leaving me alone in the houseâI went to bedâmy husband fastened the shop door and side door, went out at the side doorâhe locked the front door, and padlocked the side door and kept the key in his pocketâI was aroused by a little girl calling out, and discovered the bottom drawer In the room where I sleep, open and emptyâI went suddenly into the shop, and found all the shelves stripped of the shoesâI had seed them safe before I went to bedâI know these things (produced)âthey were in the drawersâthey were taken out of the drawers while I was asleepâthe glass in the shop door hail been out, and the bolt pushed back.

Prisoner's Defence. A man and two women came to my shop and asked whether I would buy a pair of trousers; I said, "Yes;" he said, "I want half a crown for them;" I said, "They are not worth half a crown;" I gave him half a crown; he put them in my back premises, and I was to have them until the morning; I said, "Very well, I shall return them when you return the money;" I am quite innocent; I did not know they had been stolen.

COURTtoABRAHAM EVEREST. Q. Whereabouts were the things that you aid you found in the bed? A. They were rolled up, some on the bed, some between the sacking, the laths, and bedding, and others on the bed-clothes; some in one place, and some in another.

DAVID MILLER . I am in the employ of Mr. Scott, a butcher, of Caledonian-road, Islingtonâon Friday, 9th January, at 7 o'clock, I was in Newgate-market, with my master's cartâI saw the prosecutors cart there next to mineâI did not observe the number of the house at which we were oppositeâwhile I was in my cart, three men come up to the prosecutor's cartâthe prisoner Edwards jumped up in the cart and banded down a flatâthat is a basketâI do not know what was in itâit was handed to Tapsell, who wheeled it away towards the Old Bailey on a barrowâthe other prisoner I cannot say anything aboutâmy attention was attracted by a whistle, and some one said, "All right; go on"âI next saw Tapsell on the Friday following the 16thâI have no doubt at all that he is the manâI saw Edwards on the Sunday morning next after the 16th, at the police-station, with about eight other personsâI knew him directly he came in.

Tapsell. Q. At a quarter after 7 you say this robbery was committed? A. About 7 o'clockâit was then between the lightsâthere was something conspicuous about you by which I was able to identify youâit was your scraf, your coat being buttoned up, but I could see your scarfâthe barrow went towards Newgateâhe passed my cart, and after that his back was towards me all the wayâthe barrow had not passed the cart before the was put on itâI did not follow the man with the barrowâI did not

think a robbery was being committed, but when Osborn came up, that it the man employed by Mr. Cowper, be said, "I have lost a flat"âI did not see you before you took the meatâI saw you with the meat on the barrow.

COURT. Q. When you saw Tapsell in custody, did you pick him out from among others? A. No; I was taken to see whether he was the manâI was told they had taken somebody.

MR. LILLEY. Q. You Say be passed you; had you at that time an opportunity of seeing his face? I saw his face when he got hold of the barrow, just as the meat was about being put onâI have no doubt at all he is the personâI suppose I saw him for about five minutes, not moreâthe gas lights were just put out.

WILLIAM OSBORN . I am in the employ of Mr. Frederick Cowper, of Portman-place, Edgware-roadâon the morning of 9th January, I was at Newgate MarketâI put into my cart, about 7 o'clock, 10 bellies of pork in A flatâI then went away for a short time, and when I returned I missed itâI received information from MillerâI have never seen the pork since.

COURTtoDAVID MILLERQ. Was your cart close against the flags? A. My cart was close against the other cart, but behind itâit was against the foot pavementâthe barrow went along the middle of the road.

LOUISA CHIPCHASE . I live at Monksfield-street, York-road, and am the wife of John Chipchase, a cart attendantâI attend at Newgate Market to assist my husband in taking care of the cartsâon Friday morning, 9th January, I saw Tapsell and Fletcher in a doorway in Newgate-streetâone of them looked into Cowper's van; that attracted my attention, and I went down and passed them, and stood a minute or two; they turned away, and went towards the Old BaileyâI went a few steps on to see that the carts were correct, and I saw Tapsell and Fletcher return to the same placeâI saw them twice; they were in company on each occasionâthe second time, they were pretending to pass halfpence between them, they were by themselvesâthen Tapsell went between the next cart but one, into the horse-road, and Fletcher passed between four carts off and went into the horse-road, and I lost sight of themâI continued standing about the footpathâI had sufficient opportunity of seeing them to know them again, because I minutely looked at themâthere was sufficient light to see them.

COURT. Q. At what time? A. It was a few minutes before 7, when I first saw them, and when I heard of the cart being robbed, it was about ten minutes after 7âthen ray attention was directed to what I had seen.

Tapsell. Q. You say we were pretending to count halfpence; what do you mean? A. You were jingling halfpence between youâI was close enough to see thatâI passed outside you, I stood close to the door stepâafter that you went away towards the Old Baileyâit was not during that time that the cart was robbed; that was not until after I saw you both return the second timeâI did not then see anything in your possessionâafter I saw you the second time, I noticed the way you went; it was into the horse road, and 1 lost sight of youâI do not know which way you then wentâI did not see you with the barrow.

Fletcher,. Q. After you saw me leave Tapsell, you say I went into the road? A. Yes; I did not see anything more of you after thatâI did not wee you do anything contrary to the law of your country.

THOMAS HURST (City-policeman, 220). On Friday. 16th January, about 7 in the morning, the three prisoners were together loitering about Newgate-street and the Old BaileyâI suddenly lost sight of themâafterwards, up

Newgate-street, Tapsell was in the hands of Mrs. Chipchase's husbandâI took him in custodyâthe other two prisoners were taken on Sunday morning.

DENNIS CLARKE (Policeman, 108 M). From information I received, I apprehended Fletcher on 18th January, at 25, Eaton-street, Lant-street, BoroughâI had known him beforeâI have seen all three of the prisoners in company several times.

Tapsell. Q. How long have you known me? A. I dare say altogether about eighteen months, or a little more.

Tapsells Defence. I own I was in Newgate-street on 9th January, but not at 7 o'clock, when the meat was stolen; I was there about half-part 7, or a quarter to 8; the lady came up and spoke to me, likewise her husband I denied it; the husband told me to be off about my business. I went away, then the sergeant took me down farther, and spoke to me, and gave me in custody for stealing this meat.

Fletchers Defence. The woman Chipchase states that she never saw me do anything contrary to the law of my country; therefore I hope you will take it into consideration, and if there is a doubt, give me the benefit of it.

Edward's Defence. Miller states be saw me in Newgate-street; I swear positively I was not in Newgate-street; I am innocent of the charge as a child unborn; I am wrongfully sworn to.

FLETCHERâ GUILTY .â Confined Eighteen Months.

TAPSELLâ GUILTY .**â âHe was further charged with having been before convicted in February, 1858, at Newington Sessions, under the name of Thomas Clements ; to which he

PLEADED GUILTY.â Six Years' Penal Servitude.

EDWARDS.â NOT GUILTY .

336. HENRY KERMER (57) , Burglariously breaking and entering the dwelling-house of Frederick Schoenrock, and stealing there from 10 pairs of trousers and other articles, his property; to which he

PLEADED GUILTY .

337. HENRY KERMER was again indicted for breaking a window in the dwelling-house of Frederick Schoenrock, with intent burglariously to enter and steal therein.

MR. PATERconducted the Prosecution.

FREDERICK SCHOENROCK âI am a tailor of Turnham Greenâthe prisoner was in my service for seven months previous to Decemberâin consequence of what took place on 17th December, I communicated with the police, and Sergeant Rogers was instructed to watch the premisesâon the morning of the 5th January I was called up by the policeâI went with Sergeant Rogers to the bath roomâwe there found the prisoner sitting on a box, pretending to be asleep, and he had got a screw-driverâI asked him what he did thereâhe said he had come from Birmingham, and wanted a night's lodgingâI found the shop window brokenâthere were marks on the shop door which corresponded with the screw-driverâthe shop was secure about 9 o'clock, when I went to rest.

Prisoner. The room window where I pushed my hand through on the 15th December, was never mended.

COURT. Q. Had a window been broken on 15th December? A. The window had been brokenâI fixed a wire blind, so that no one could come into the room without forcing the blind awayâthe window was not mended, but the blind was so fixed that a hand could not be passed throughâI put a

table or counter before the door, so that no one could come in that way without making a disturbanceâthere was no way of getting in, except by forcing the blind and undoing the fasteningâthere was no way of getting in at the back except by getting over two fencesâthe prisoner could then get into the back premises, but not into the house.

Prisoner. Q. Is not the screw-driver always in the back kitchen? A. It is kept in the tool cupboardâit is mineâthe previous night it was left in the back room where the tools are keptâyou could not have used it to get into the house; you got into the bath room to get the screw-driver, to force your way into the shopâmy wife never wrote a letter to you.

WILLIAM HENRY ROGERS (Police-sergeant, 13 T). From a communication made to me by the last witness, I watched the premises on the 5th Januaryâbetween 12 and 1, I heard a noise of glass breakingâI waited about half an hour, and I then heard some one at the back door; the wood was breakingâI cried out for assistance, got over the back fence, searched the premises, and found the prisoner in the bath room, with this screw-driverâhe pretended to be asleepâI saw him not ten minutes before he went into the bath room, in the yardâon searching the premises, I found a piece of wood broken out of the back doorpost, and the wire blind which covered the window bad a hole through it, which exactly fitted this screw-driverâI believe that was taken out of a closet in the bath room, which was left openâthe prisons could get to the bath room by getting over the fence; then he would get the screw-driver to force the doorâthere was a side windowâhe could not get in at the doorway, there was a long bench nailed against the door; part of the wood was broken away, but he could not get inâhe told me he wanted a night's lodgingâI took him then to the stationâthere were marks of violence on the shop doorpost.

The prisoner, in his defence, stated that he was drunk on 17th December, when he committed the robbery; that he then went to Birmingham for work, and while there he wrote to the prosecutor for forgiveness, and received a letter from the prosecutor's wife forgiving him; that he walked almost all the way to London, and, being very tired, and having no money, went into the house to deep until he could see the prosecutor in the morning; that the charge was made against him because the prosecutor was jealous of the attentions paid him by his mistress.

THOMAS PAYNE . I am a clerk in the service of the United Kingdom Electric Telegraph Company, Limitedâthey have offices at Gresham Houseâthe prisoner was engaged there as the cleaner of the officesâI missed several things from the officesâI do not myself know of the towels named in the indictmentâthe pair of compasses were taken from the secretary's officesâI had not missed the candlestick until it was produced by the officerâI then recognised it as belonging to the Companyâwe had had gas put up some time since, and had not used the candlestickâthese tin boxes were afterwards producedâthe glasses we had in, no doubt, from somewhere, and as they were missing, we paid for themâthey were discovered in pawnâI missed this stile; it has a wooden handle with an agate pointâwe were continually missing stationery of the description producedâI had no idea that these were lost until they were shown by the officersâthese knives are

marked with Purssell's name; we had lunch sent in from there, and had to pay for themâhere is a brush, which we had made expressly for cleaning the instrumentsâI had not missed them before, but here are two terminal points that we had made expresslyâthey form part of the galvanic battery; they are for securing the ends of the wiresâthis note paper has the Company's heading on itâwe have lost a very large quantity of itâhere is a letter clip which resembles one that; we lostâthese four boxes I can swear positively to; they are sent from Germany, containing a peculiar ink for use in the instrumentsâhere is an inkstand which resembles one we lost some time sinceâI cannot identify it beyond that.

Prisoner. Q. Were not a great many of those boxes thrown on one side? A. They are taken from the instrument room, where the ink is used, and are put on a counter at the side; they are not thrown away.

COURT. Q. In some had the ink not been emptied? A. I cannot say thatâthere were small glass bottles fitted in themâthe prisoner had no authority to remove themâthe candlestick she stated had been lent to her by the porter, but he, unfortunately, has been dead a short timeâI never saw the pieces of wood belonging to the boxes thrown in the fire-place; they would be saved and returned to be used again.

THOMAS STONEBANK . I am assistant to Mr. Attenborough, pawnbroker, of Curson-street, Finsburyâthese six wine glasses and four tumblers (produced) were pawned by the prisoner, on the 19th and 21st January.

HENRY BARNES . I am assistant to Mr. Barnes, pawnbroker, of Union-street, SpitalfieldsâI produce three towels pledged on 20th August in the name of Ann CloakeâI cannot say whether the prisoner is the person; it is some time sinceâthey were pledged for sixpence.

COURTtoTHOMAS PAYNE. Q. Are they any of your towels? A. I know nothing of themâI only know that we missed a large number of theseâthey were not markedâI can only identity these from the similarity of the pattern.

Prisoner. Q. Yon know very well the Telegraph offices are left open night after night to the mercy of any one? A. That is so; by the regulations of the directors of the building we are compelled to leave the keyâthat is the reason the prisoner came to be selected to clean the officesâwe cannot have our own servant, but we are compelled to hand the keys overâthe prisoner is employed by Mr. Goslett, the secretary of the Gresham Company, but we pay her for her services.

CHARLES BROWN (City-policeman, 654). I went to the prisoner's lodging, in Eldon-street, Finsbury, on, I believe, 22d JanuaryâI saw her thereâI asked her whether she worked at the offices belonging to the Gresham Companyâshe said, "Yes"âI told her she was suspected of having in her possession things belonging to the United Kingdom Electric Telegraph Companyâshe said, "Nothing that I am aware of"âI told her I must search the placeâI found a pair of compasses, a brush, these brass instruments, this stille, some sealing-wax, these boxes, some paper marked "United Kingdom Electric Telegraph Company, Old Broad-street, Limited," a candlestick, the fitting of a galvanic battery, and a paper standâafter a farther search I found a quantity of china cups and saucers, tumblers, wine glasses, knives and forks, marked, "Tom's coffee-house," and "Purssell's, Cornhill"âthe prisoner said the paper was left her by her late husbandâI asked her how long he had been deadâshe said four years, but upon examining the water-mark, I found it to be 1862âI found also some thirty or forty duplicates, and among them those relating to the glasses and towels.

Prisoner. They were my own glasses you took off the mantelpiece, and my own plates you took away; I bought them of a man, and gave a penny each for them. Witness. All that have not been owned, I have left at the Company's officesâthere is a small apron belonging to one of the young ladies who works the telegraph.

Prisoner's Defence. I never committed any fault before, and I will never do so any more, if you will forgive me this time.

GUILTY .âShe received a good character, and was recommended to mercy by the prosecutor. Confined Four Months.

339. HENRY BRIDGMAN (38) , Embezzling the sums of 7s. 6d., 5s., and 3s. 0 3/4 d., the monies of William John Bartlett, his master.

MR. BESLEYconducted the Prosecution.

THOMAS RILEY . I am a chandler of 6, Clark's-place, Bishopsgate-street withinâI have dealt with Mr. Bartlett for breadâduring that time the prisoner has brought the bread to meâI always paid him the money every day, or if not that morning, the following morning; I never went longâI had a bookâthis (produced) is itâthere is an entry of 5s. as paid on 1st January for breadâas I pay money it is put down thereâI only paid the prisoner for breadâI did not owe anything for bread to Mr. Bartlett on 14th January.

FANNY COHEN . I am the wife of Isaac Cohen, of No. 7, Cobb's-yard, Petticoat-laneâwe have dealt with Mr. Bartlett for breadâon 29th December I paid the prisoner 7s. 5d.âhe gave me this receipt (produced)âon 5th January I paid him 3s. 0 3/4 dâhe then gave me this receipt (produced).

WILLIAM JOHN BARTLETT . I am a baker at 117, Houndsditchâthe prisoner has been in my employment from eighteen to twenty monthsâhe was in the habit of delivering bread dailyâit was his duty to take the bread from me, and accounting for it when he came back, and all the money he received it was his duty to pay to meâif it was convenient I used to take it when I first saw him; sometimes it would be inconvenient, and I used to let it be until 6 o'clock, or sometimes, if I was not in, I used to receive it the next morning, but that was seldomâI do not think I left it over the day, it would be very unusualâon 1st January the prisoner paid me 5s. on account of Riley, but not for bread delivered that dayâRiley owed me for fourteen days, about 6l. 16s., and this 5s. had been taken off a previous deliveryâI only knew from the prisoner that Riley owed for breadâhe told me Mr. Riley would pay when he received some money from the countryâI had been in the habit of giving rather longer credit, and he did not payâI did not receive from the prisoner 5s. for the bread supplied on the 1stâI have received nothing in respect of Cohen's account, since 21st December, 1862âI have not received 3s. 3/4d. in respect of bread supplied to Cohen on 5th JanuaryâI have a book showing the monies I received in respect of the deliveries of breadâthe prisoner accounted for bread delivered, but I have not received any money.

COURT. Q. Has he paid you any money professed to have been received on days subsequent to 21st December? A. No; he has paid me money from other customers.

Cross-examined. Q. How much money have you received from the prisoner since 29th December? A. He has paid me daily, 5s. or 6s. a dayâthat was on the general accountâthere always was a general account between usâI have sometimes deducted 2s. on a Saturday night for back money, but not 5s. or 6s.âhe used to borrow money and he used to repay it on a Saturday

dayâI have never taken 5s. from his wages of 1l. on a Saturday night in back settlement of accountâwhenever I deducted anything from his wages, it was for money he had received, and which had become dueâI did not at the end of a month see what was the difference between us, and pay 2s. a week until it was paidâI never thought of deducting something a week to make the money rightâI have not deducted 5s. or 6s. a week for back reckoningsâhe took out a certain quantity of bread, and he told me the number of loaves he deliveredâI had a regular account against himâhe used to pay me daily; his wages were never interfered with in respect of what was owing by a customer.

COURT. Q. Did you call upon him every day to account? A. Every day I called upon him to pay over the money he had receivedâhe paid me money on account; money he had professed to receiveâduring the whole time he was with me he professed to account for all the money he received.

MR. COOPER. Q. I believe all that is owing you for back bread is 3l. is it not? A. About 10l. altogetherâit is in different amountsâthe prisoner has a wife, and a large familyâI did not take him from any one's service previouslyâI turned one man away on suspicion, without any warningâI got somebody in the emergency, and I took the prisoner without a characterâhe never said, when I called upon him to account, "Quite right, it is really the fact, pray deduct it out of my wages, as you have done before"âI do not think he offered to pay it offâhe did say he was expecting money in a day or two, when he would pay meâthat was when I called in the police.

ELIJAH GALE (City-policeman, 670). I took the prisoner on the 14th of JanuaryâI told him he was charged with embezzling several sums of money, the property of Mr. Bartlettâhe said, "It is very easy to get into trouble; I put the money in my pocket, but next Tuesday I expect to receive 4l. from the country, when I expected to pay it back"âhe said also he was very sorryâI produce the books he kept when taking bread to the customersâit is his own book, with the quantity of bread he took out.

The prisoner received a good character.

GUILTY .âRecommended to mercy by the jury and prosecutor.

Confined Six Months.

400. CORNELIUS SULLIVAN (23) , Robbery (with a man unknown), on John William White, and stealing from his person 1 watch, his property.

MR. COOPERconducted the Prosecution.

WILLIAM WHITE . I am a seaman, and live in the "Sailors' Home," Wells-street, Wellclose-squareâon the 2d February I was walking in some square, I do not know the name of the streetâit was near the Sailors' HomeâI had a watch in my breast pocketâI had been drinking a little, but I knew quite well what I was doingâI had seen the prisoner about 9 o'clock in a singing-house just beforeâthat is what is called a "free and easy"âhe was laughing at meâI left the "free and easy" about a quarter to 12, and a girl vent out on the opposite side of the roomâshe was with the party inside, sittingâshe said to me, there is somebody outside waiting for your watchâI went outâI am quite sure my watch was safeâshe then went up to the prisoner, and he said to me, "Have you got no further, mate?"âI said, "No, I have got no further"âwith that the girl walked awayâthe prisoner said, "Follow the woman"âI said, "I do not want to"âhe said, "Do you go with her"âI said, "No, I am not going with her; I do not want to"âwith that to went to catch me by the armâI said, "I do not want you, I am going

home"âhe says, "My house is on the way to the Sailors' Home"âwe went along until we came to a corner, when this man was at my right shoulderâhe gave me a shove, and there was another man coming the opposite way, and his shoulder caught me on the breastâI said, "That is curious"âthen the prisoner made a rush at meâmy coat was buttoned, and he unbuttoned it until he came to the guard; then the other man just stepped up, caught my watch, gave it a chuck, and went awayâI said, "He has gone away with my watch"âI turned the corner and cried, "Stop thief"âI returned and said, "This is the man that unbuttoned my coatâa policeman came, and I gave him in chargeâI am quite sure he is the man that unbuttoned my coat, and the other man seized my watch and ran away.

Prisoner Q. What part of Ratcliff-highway did you first see me in? A. The first place I saw you was the "free and easy" houseâI cannot tell you where that isâI turned out of the street where the singing-house is, when my coat was unbuttonedâI had my watch when I was in that squareâI saw the man take it off meâI was on the footpath when it was takenâI did not, when coming up Wells-street, upset an oyster-stallâI came on shore that day at nearly 4 o'clockâI had been in two public-houses before teaâafter tea I went into one before the "free and easy"âI did not have any glasses of liquor in the first house I went intoâI do not call beer a "glass of liquor"âwe bad a pot of beer between four of usâthe four of us drank out of the potâin the next public-house we had another potâwe drank out of that togetherâafter tea, and before going into the "free and easy." I went into another public-houseâI had a glass of pale brandy thereâo I had only one glassâI had no beer, gin, or rumâI do not know how many glasses I had at the "free and easy;" I had a good manyâI had wine and beerâI had no spiritsâI cannot tell whether I had six pints of beerâI should like to tell the truthâI do not think I hadâyou did not want to fight meâupon my oath you did not take the watch, but you helped the man to take itâthe man who knocked up against my shoulder was in the concert-room joining in the laughing at me.

COURT. Q. From what you say of the other man, do you think they were companions? A. To the best of my opinion, the man was a companionâthe prisoner is the man who unbuttoned my coatâthe other man took the watchâthey seemed to be companions in the "free and easy.

JOHN HUTTON . I reside in the Sailors' HomeâI was with the prosecutor on the night of 2d of FebruaryâI had been at the sing-songâI saw the prisoner come up to the prosecutorâthe female who was with him then leftâthe prisoner took hold then of the prosecutor's armâhe told the prisoner he did not want his company; but the prisoner clung to him until we came down to Wells-street, and just as we turned up Wells-street, a man was following down behindâthere were three or four men; the prisoner made the fourthâjust as we turned up Wells-street the prisoner made a rush at Whiteâhe said, "It is rather curious"âthen another man wanted to fight himâI saw the prisoner unbutton White's coat, and the other man snatch the watch and run awayâI ran after himâI had before seen the man who ran away with the watch, with the prisonerâthey were in the "Paddy's Goose"âthat is the "free and easy."

Prisoner. Q. Upon your oath, did you see me after your leaving the "Paddy's Goose," before you reached the end of Pearl-street, where the oyster-stall was? A. We were speaking to the women just as we left, and yon followedâI will swear you are the manâI saw you unbutton the prosecutor's coatâI had seen you and the other man togetherâI will swear you

are companionsâwhen I saw you together, you were drinking together in the "Paddy's Goose."

SAMUEL FARTHING Policeman, 133 H). About half-past 12 at night, on 2d of February, I heard a cry of "Stop thief" in Wellclose-squareâI saw the prosecutor, the last witness, and the prisoner togetherâthe prosecutor said, "I have lost my watch, policeman"âthen the prisoner said, "He has gone down Ship-alley, "that is running out of Wellclose-squareâthe prosecutor said, "This man unbuttoned my coat, and proposed for me to fight the man who ran away with my watch"âhe then gave the prisoner in custody.

Prisoner's Defence. This public-house, the "Paddy's Goose," I never resorted to. I never saw the prosecutor until I met him at the end of Pearl-street, that is lower down towards the "Sailors' Home." I was talking to a female when he and the witness came by, both taking up the whole of the pavement; they seemed stupidly drunk; the prosecutor kicked over a tub of oysters. I said, "You will get into a mass;" he said, putting his hand in his pocket and pulling out 1s. 1 1/2 d., "Do you know where the Home is? "Yes," I said, "I am going up that way." He said, "I want to go to the 'Home;' will you have a glass of ale?" I laid, "I don't mind." We went to the next door but one, I said, "We can have a glass of ale hers, mate, if you choose to pay for one, if not, I will pay." "No," he said, "I will pay." Then we went on up to Wells street, and we turned the corner, when a man rushed out of the alley; the prosecutor was drunk, as I could see by his staggering about, and unfortunately I laid hold of his coat, but whether in so doing I opened it, I can't say. When I turned round I heard him say, "It is gone! it is gone! my watch is gone; he has taken it." I said, "Why do you not cry out?" Three of them ran down Wellclose-square. I suspected when they got to the end of the alley they could get no further. A policeman came up and asked what was the matter, the prosecutor turned round directly, and gave me in charge for unbuttoning his coat When the policeman came up I was with the prosecutor. Is it likely, if I had stolen the watch, I should have stopped there; we had been running after the man.

COURTtoSAMUEL FARTHING. Q. Was the prosecutor any the worse for liquor? A. No; he seemed a little excited through losing his watch; he certainly had been drinking a glass of beerâhe knew what he was aboutâHutton was quite sober, he did not seem to have had anything to drinkâwhen I came up they were not running together; they were running from the corner, where the watch was snatched, down to the alleyâthat is about 100 yards.

Prisoner. Q. Did you see me in company with the prosecutor and the witness? A. You were all together when I saw you.

(The Prisoners being foreigners, the evidence was explained to them by interpreters.)

EDWARD HARDING . I am a sail maker, of 31, Princes-square, St. George'sâon the night of 5th January, about half-past 11, I saw the prisoners at the corner of Shovel-alley, and a man named Clinton with themâI saw Galate stab Clinton in the left shoulder, and likewise dart something into his backâhe had something in his handâI could not see whether it was a knife or a dagger, but it shone brightâClinton just moved one foot, and then fell down off the kerbâGalate and Silenos ran away directlyâGalate and Caros were tipsyâCaros was too tipsy to run away; he stood quite stillâhe had a red shirt onâI did not see Clinton and his companions come out of the public houseâI saw him put into a cab.

Cross-examined byMR. COOPER (for silenos). Q. How far off were you standing when you saw this? A. Nearly a yard and a half.

Cross-examinedMR. SLEIGHfor Galate. Q. Was there a ball at the Cock and Neptune public-house? A. I don't know anything about thatâthe Cock and Neptune is not a long way from thereâI had never seen them beforeâI did not observe twenty or thirty persons all together, dancing, quarrelling, and shoutingâI had been reading the newspaper, and taking a glass of ale, and was walking home to my own boarding-houseâI had been in no dancing-room, I don't resort to such placesâall these people were strangers to meâI was examined before the Magistrate a week afterwardsâI did not see any of these persons again until then.

MR. ORRIDGE. Q. Seeing them a week afterwards, did you recognise them as being the men? A. Yes; and that I could say if I was on my death-bed.

WILLIAM HORNER (Policeman, H 28). On the night of 5th January, I was in the New-road, St. George'sâI took Clinton to the hospitalâI took Silenos into custody, about half an hour afterwardsâhe had a quantity of blood on his hands and face, and he had lost his capâI afterwards took him to the hospital, where Clinton was lying, and he said, in Silenos's presence, that he was there, and was the first man that collared himâSilenos was sober.

Cross-examined byMR. COOPER. Q. Did you see his face, did he look as if he had been fighting? A. Yes.

Cross-examined byMR. SLEIGH. Q. How far was it, where yon took Silenon, from where you had found Clinton? A. 350 yardsâI don't remember what coloured shirt Silenos had onâI did not see Caros that nightâI did not observe any quarrelling while I was going up to where these men were; the quarrel was over before I arrived thereâthere was no quarrelling afterwards.

THOMAS BARNES (Policeman, H 10). On the night of 6th January, the night after this affair, I was near the Rose and Crown in Ratcliff-high way, And apprehended Carosâhe understands EnglishâI called him outside the

public-house, and told him I should take him into custody for being concerned, with two other men, in stabbing a person who was in the hospitalâI took him to the hospital, to Clinton's bedside, and he said, "That is the man that ran after me; that is the man that stabbed me"âafter I took Caros back to the station, he said it was not him; he fought English fashion, be did not use any knife; and before the Magistrate he said he did not do it, he never foughtâI had seen the three prisoners in the Rose and Crown on the night of the 5th, about a quarter or half-past 10âthat was about 300 yards from where the man was stabbed.

Cross-examined byMR. MONTAGUE WILLIAMS (for Caros). Q. When you took Caros into custody did not he say, "I will got?" A. Yesâwhen I him the charge he said, "No; not me"âhe had on a red shirt.

Cross-examined byMR. SLEIGH. Q. Was it a dancing place in which you saw these men? A. It was in front of the public-houseâthere is a dancing-room up stairsâthere were men and women of all nations there dancing, quarrelling too very often.

ROBERT PAYNE (Policeman, H 198). On the night of 5th January, about a quarter-past 10, I saw the three prisoners at the Rose and Crown, in St. George's-streetâSergeant Barnes came to me afterwards, and I spoke to himâClinton and his companions were also thereâClinton and another man were stripped, and were going to fight with the prisonersâafter some little difficulty, I and a brother constable parted them, and sent these one way and the others anotherâthis was in the street; they had just come out of the public-houseâCaros was dressed similar to what he is now; but he had on a red-shirt, and his coat was offâhe was drunkâthere were these three and several other foreigners, about thirty or forty, all hustling together; but these three were more particular as regards fighting with Clinton, than the othersâthere were some Irish, and some English, all fighting together in the rowâafter this the whole of the foreigners, including the prisoners, went back into the Rose and Crown, and we got the others away up St. George's-streetâBarnes and I then went and visited the Rose and Crownâwe had not left there very long before there was a row inside the White Bear public-houseâwe went there, and the prisoners, the deceased, and others were there quarrelling, and they were turned out of that houseâthat was about twelve, or fourteen, or twenty yards from the Rose and Crownâwe parted them, and they went towards St. George's-street; Caros vent over to the Red Lion public-house, and went in there with a femaleâthe other two prisoners went towards the Rose and CrownâCaros had not been at the Red Lion very long, before he came outside and wanted to fight an Englishman that was thereâI got him away, and he and the girl went op Ship-alley, towards Wellclose-squareâthe others went back to the Rose and Crown, and stopped there till nearly the time the house was closingâI saw nothing more take place between Clinton and the prisoners.

Cross-examined byMR. WILLIAMS. Q. You say Caros and the girl went away from the spot altogether? A. Yes.

HOLLOWAY (Police-inspector). On 6th January, I was at the London hospital, where Clinton was lyingâGalate and Silenos were presentâCaros was not there that day; he was there next day, the 7thâI was present thenâthere were two examinations thereâMr. Woolrych, the police Magistrate, was thereâMr. Bowdler, the clerk, took down Clinton's examinationâI believe he is not here.

MR. SLEIGH. Q. At the time this examination was taken, had any charge preferred against the prisoners, or either of them? A. Not that I am

aware ofâthey had been previously charged at the stationâI do not know whether there had been any charge formally investigated by a Magistrate.

MR. ORRIDGE. Q. Did you hear the men there, before Mr. Woolrych charged with stabbing Clinton with intent to murder? A. That was after we came from the hospitalâthe charge was not read to them at the Police-court before we got to the hospital: it was read to them at the hospital.

MR. SLEIGH. Q. Before or after Clinton's statement was taken? A. Before.

MR. ORRIDGE. Q. Was what Clinton said written down in your presence? A. Yes; and he made his markâhe could not write his nameâit was signed by Mr. Woolrichâthis is his signatureâ(Read:"The examination of Michael Clinton, taken on oath, this 6th January, 1863âI am a sailorâI have stopped in the Neptune coffee-house, since Sunday morningâI came in last nightâI met these men in the dancing-house in the highwayâI had been drinking, but was quite soberâfive or six persons were with meâthey left meâI think Galate and another man were quarrelling about one girlâone chap with me, not here, took his coat off to fight with another manâGalate and another man, I am not sure about the other prisoners, said they would fight anybody, and two of my party left, and I was going to follow them, when somebody came behind and stabbed me in the backâI can't tell which did itâI expect the fellow in the red shirt was the man; he was the nearest to meâbefore then Galate caught hold of me by the shouldersâI said I did not want to fightâI believe Silenos was with them, but I am not certainâthree of my shipmates were by, at the time I was stabbedâI was running to a doctor's shop but I bled too much and I fell, and lost my sensesâI had not offered to fight any manâGalate was there, and was dressed in a blue shirt, as he is nowâthere was a short stout man, with a big whisker and a red shirtâI thought he stabbed me; but one of my shipmates told me he did notâI do not expect to recoverâI think I shall die from thisâI might have a little hope of getting over it, but not much"âThe statement taken on the 7th was read as follows: "I was stabbed on Monday, near the dancing-house, in the highwayâsome man ran after meâthe prisoner was going to fight any one who was thereâhe was the nearest to meâI believe he is the man who stabbed meâI am not certainâI am sure he was there"âthat was signed by Clinton and Mr. Woolrych.

JAMES JACKSON . I am house surgeon at the London Hospitalâabout a quarter to 1, on the morning of 6th January, Clinton was brought thereâI examined himâI found a wound on the left side of the spinal column, opposite the seventh and eighth dorsal vertebraeâit was about an inch and three-quarters in lengthâI examined the wound further, and found it extended upwards, about three inches, and entered the left side of the chest from behindâI also ascertained that the rib was completely severed, cut in two, by the same blowâthere was a great deal of hemorrhageâthe man died on the 15thâthe wound was the cause of deathâit was a punctured would, made by a cutting instrumentâI made a post-mortem examinationâthe blow must have been given with considerable violence.

The statement's made by the prisoners before the Magistrate, were read as follows: Silenos says, 'I say nothing'âGalate says, 'The knife did not get into my sleeve. I know nothing of their motives. I was at home and in bed'âCaros says, "I was at home drunk at half-past 11. I went home to sleep. I know nothing about the fight.

404. GEORGE RUXTON (46), and JAMES BERTIE (42), were indicted for unlawfully obtaining 500l. from the Universal Marine Insurance Company, by false pretences.

MESSRS. BRETT, Q.C. MCCULLOCHconducted the Prosecution.

MAXWELL ROBINSON . I am a clerk, in the employment of Messrs. Heathcock and Co., ship and insurance brokers, of Liverpoolâthey transacted business for the prisoner Ruxton, but I was not present at any interview between themâthis paper (produced is in my writingâit bean Mr. Heathcock's signatureâI cannot tell when it was sent.

CHARLES CARLISLE. I am inspector of the detective police at LiverpoolâI took Ruxton in custodyâI forget the date nowâI took possession of his papers, and gave them to Mr. Ellis, the accountantâI gave Mr. Eddis no papers but those that were found on Ruxton.

HENRY WILLIAM EDDIS . I am an accountant of LiverpoolâI received tome papers from Carlisle, which I have been employed in examining, and among them I found this paper (produced)âit is one those which I received from Carlisle.

Cross-examined byMR. SLEIGH. Q. Did you receive any other papers from any other source, in reference to this matter? A. No; but I received other papers for the purpose of pursuing my investigation into this matterâI have here all the papers relative to the Joseph HoweâI had no instructions in reference to the Joseph Howe at the time I received this paperâI have not brought here all the papers I received in August lastâthere is a cart-load of themâI do not think any of them were accounts and figures of freights, cargoes, and so forthâthere were letters, but no accountsâtheir character was generally mercantile and commercialâI did not initial them as to the respective sources from web one I received them.

COURT. Q. You received some papers from Carlisle? A. I didâand some few from other peopleâI can swear that this is one of the papers I received from Carlisle.

MR. SLEIGHtoCHARLES CARLISLE. Q. Whatever papers there were, you got from some place you did not know anything about, except from what was told you? A. Yes; I knew it before the apprehension: his name was there, it is in Duke-street. (Read: "George Ruxton, Esq. to Heathcock and Co., December 14th, 1860. To insurances per Joseph Howe on 1, 000l. at five guineas, premium 52l. 10s. policies, 2l. 5s.; 1,000l. at five guineas, 42l. 10s., 2l. 5s. December 29th, 500l. at four guineas, 21l., 1l. 2s. 6d.; 500l. at ditto, 21l.: 1l. 2s. 6d. December 31st, 500l. at eight guineas, 42l.: 1. 2s. 6d., making, premiums 189l., less discount 18l., 170l. 2s.; Policies, 7l. 17s. 6d. Total, 177l. 19s. 6d. Signed, Heathcock and Co.")

MAXWELL ROBINSON (re-examined.) I produce these receipts which were given to Mr. Heathcockâthree of them are signed George Ruxton.

MR. SLEIGH. Q. There is no mistake about your knowing his writing? A. No; I have seen him write frequentlyâ(Read: "Liverpool, 21st January, 1861.

Received of Messrs. Heathcock and Co. 1,500l. on account of

loss per ship Joseph Howe, GEORGE RUXTON." "London, 23d January, 1861, Received of Messrs. Heathcock and Co. the sum of 150l. on account of the Joseph Howe.GEORGE RUXTON." "London, 26th January, 1861. Received of Messrs. Heathcock and Co. 1, 675l. balance of insurance per loss of Joseph Howe.GEORGE RUXTON."

MR. BRETT. Q. Do you also produce a receipt signed, "Wardell and Co.?" A. Yes; they are insurance brokers in Londonâin the ordinary course of business, charges are made by brokers in London effecting insurances for brokers in Liverpoolâthey charge a commissionâthey generally allow the Liverpool brokers a commissionâthe usual and proper charges on the insurance of 3, 500l. would be 10 per cent discountâthe amount for the charges on that amount would be 18l. 18s.âif Wardell and Co. or any other London brokers effected that insurance, they would charge a commission of 5 per cent, for collecting, advancing, and guaranteeing the amount.

COURT. Q. Do they get that from the owner, or from the Liverpool brokers? A. We have two accountsâMr. Ruxton has the verbal orderâwe acknowledge ourselves instructed by Ruxton to insure, and we do it through the agency of our London brokerâthe 10 per cent, is an allowance made to the owner of the ship provided he pays within a month.

MR. BRETT. Q. Would Messrs. Heathcock have to pay Wardell? A. Yes; I am clerk to themâI do not act as cashierâthe payments made by Heathcock go through my handsâI cannot say where Mr. Heathcock now isâI have not seen him since 4th Decemberâthis charter party (produced) was effected for Ruxton through Messrs. Heathcock and Co.âthis signature at the bottom is Ruxton'sâI did not see him sign itâit was executed in London, through Simpson and Co.

MR. GIFFARDcontended that this could not be read, unless it was proved that Mr. Heathcock, the attesting witness, was not within the jurisdiction of the Court.

MR. BRETT. Q. Have you inquired for Mr. Heathcock? A. No; he has not been at his place of businessâI have been at his house, but have not found him thereâI have communicated with his wife, but have not inquired of her whether she knew where he wasâI have seen her, but she did not tell me.

CHARLES CARLISLE (re-examined). I have endeavored to find Mr. Heathcock, and have inquired at his place of business, and at his houseâI have also made inquiries with other officersâbesides inquiring myself, I have instructed other detective officers to inquire for himâI have never been able to find him, or to obtain any information of where he isâhe was carrying on business in Liverpool up to 4th DecemberâI saw him at St. George's Hall there; the last time was about six or seven weeks agoâit was after DecemberâI can fix the date by the assizesâI saw him at the assizesâRuxton was tried at the assizes, and I saw Mr. Heathcock there on the day of the trial.

Cross-examined byMR. SERGEANT BALLANTINE. Q. What inquiries have you personally made? A. I have been across the Mercy five or six times, and watched his houseâhe lives at Rock Ferry, CheshireâI have not found him at homeâI have also been to thirty or forty places at Liver-pool, and have been occupied fourteen or fifteen days, and have not found himâhe has not been advertised, but I know that special clerks were engaged, and went through Wales to find himâhis wife told me that he was in. WalesâI am not aware that anything has been publicly doneâI began to make inquiries about a fortnight before the last Session here, and have

continued to do so sinceâI believe his office is openâI cannot say whether business is transactingâI know the door is open.

MR. BRETT. Q. Have you been able to obtain any information of his being in Wales? A. Not the slightest.

CLARENCE ALEXANDER SNOW . I am in the office of Messrs. Loundes and Co. solicitorsâI have had the conduct of this case, and sent two clerks from the office, separately, to look for Heathcock, in Wales, for the purpose of subpoenaing him as a witness, but have not been able to obtain any information.

Cross-examined byMR. SERJEANT BALLANTTKE. Q. I suppose you supplied them with subpoenas? A. Yes; I was the prosecuting attorney in Liver-poolâI had Ruxton arrested as he left the dockâI did not see Heathcock it that time, to give him notice that he would be wantedâI knew what I was going to charge Ruxton with, but I do not know that I had well considered itâI do not mean to say that I gave him in custody without having well considered the matterâthe charge had been consideredâI was not present it the trialâI took no steps personally to get him detainedâa warrant against him was obtained in London while I was absent on my holiday in the autumnâI mean that on a warrant issued in London, he was taken in Liverpool on this chargeâI was in Court a short time, but was not attending to the case, I was in the Civil CourtâI have no doubt the case had been well considered, but I was in Ireland at the time the warrant was obtainedâHeathcock's name was not on the warrantâI did not consider him to be an essential witness at that timeâI had not personally considered the mode in which the case was to be proved, at the time he was given in custody, but it had been consideredâI did not know that Heathcock was to be a material witness, but possibly the firm mightâno steps were taken to subpoena him on that occasion, that I know ofâno subpoena was left to my knowledge at his house, or place of business, or by my directions.

MR. BRETT. Q. When you came to the conclusion that he was a material witness, did you direct inquiries to be made? A. Yes; and directed Carlisle to look for himâI have never been able to obtain intelligence of him, except that he was in WalesâI sent two clerks there; one was away seven days and the other two days.

COURT. Q. When you were in Liverpool on Ruxton's trial, did yon know that Heathcock was a witness to the charter party? A. I do not think I didâI think the charter party was in the hands of the police or of Mr. Eddis at the time of the trialâthe other charge did not relate to the ship at the, but to a ship called the RoscoeâI know of no service of a subpoena on him, either personally, or by leaving it at his residence; nor of any letter "at to his residence, requesting him to attend. (THE COURTconsidered that the document was admissible, and it was partially read. It was dated 9th November, 1860, between George Ruxton, of the Joseph Howe, and W. N. De Mottos, merchant, agreeing that the ship should proceed to Cardiff to be laden with a full cargo of coal, and then proceed to St. Paulo de Loando, and deliver the same; that three-fourths of the freight should be payable on the final sailing, and the rest by Bill at three and six months.)

JAMES FRASER . I was a partner with Mr. Wardell, of the firm of Wardell and Co. insurance broken, Londonâwe effected the policy on the Joseph Howe a firmâmy partner did the insuranceâour instructions were received from Heathcock and Co. of Liverpool, and we saw Mr. Heathcock at our office from time to timeâI fancy Ruxton was with him at one time when he came about the insuranceâI cannot, at this distance of time,

recollect whether I saw Ruxton at our office more than onceâthese cheques (produced) are drawn by our firmâwe collect the insuranceâI did not hand these cheques to HeathcockâI know his writingâthey are all endorsed by himâthis (produced) is an acceptance of our firm, and this is Heathcock's signatureâthis receipt (produced) is also signed by our firm, and this account, in respect of these insurances and the collection, was made out by our firm.

Cross-examined byMR. SERJEANT BALLANTINE. Q. I do not understand you to say with certainty that you ever saw Ruxton in the matter of this insurance at all? A. I do not think I didâI cannot now recollect from whom I received my directions for the third insurance, or the goodsâI have been subpÅnaed this morning, only and I have no documents.

MR. BRETT. Q. You say that you have been subpÅnaed this morning; has your partner, Mr. Wardell, been taken ill? A. I understand that he fell down stairs, and injured his spine very seriouslyâthese cheques have been returned through our bankers, and the bill alsoâthe documents which have been shown to me are those which I, acting as the agent of the Liver-pool broker, should hand over.

H. W. EDDIS (re-examined). This (produced) is one of the papers given to me by the police as found among Ruxton's papersâRead: "Loss of Joseph Howe, 3, 500l. less commission 175l. Balance 3, 325l. Cash 21st January, 1, 500l.; ditto 23d., 150l. making together 1, 650l. Balance 1, 675l.")âthat 175l. would be our charge, as against Heathcock, we divided the accountâour share would be half of thatâthis other receipt (produced) may for 175l. less discountâit is customary to divide the commissionâthe parties very often do not know that, it is a matter between the brokenâwe received the 175l. 14s. 6d. on this accountâI do not know Ruxton's endorsement.

MAXWELL ROBINSON (re-examined). This bill (produced) bears Ruxton's endorsementâ(This was drawn by Mr. Heathcock on 29th January 1861, for 1, 675l. balance of loss by Joseph Howe, accepted by Wardell and Co. and endorsed by Ruxton.)

ALFRED TOZER . I am Secretary to the Universal Marine Insurance CompanyâI have here the deed of incorporationâon 29th December, 1860, I effected these two policies (produced) on goods in the Joseph Howe by the directions of Wardell, Frazer, and Co.âthey are signed by themâthis third policy (produced) was also effected by them on the shipâa claim has since been made to me personally, not in writing, by one of the two partners; I cannot tell which at this distance of timeâwhen the claim was made, I received the protest, showing the loss of the ship, and I also received, as regards the two policies on the goods, these two bills of lading; upon which I paid the two policies of 500l. each.

Cross-examined byMR. SERJEANT BALLAMTINE. Q. Would you not have paid it if you had not received the bills of lading? A. No; I received them to prove interest, especially as it is "As per bill of lading"âI do not know the individual who gave them to me.

Cross-examined byMR. GIFFARD. Q. Did you say that you had the protest? A. YesâI have not got itâI returned it to Wardell, Frazer, and Co.âI took extracts from it.

MR. BRETT. Q. The protest you sent back in the usual course of business? A. YesâI kept the bills of lading; they are my propertyâthey were handed to me as being endorsed by Ruxtonâthey are deliverable to order.

COURT. Q. According to the course of business would they be produced

to you when you effected the policy, or do you take that on trust? A. I take that on trustâthey are endorsed by the claimant to obtain payment for the total loss.

WILLIAM ARCHIBALD GRAY . I am manager to the Temperance and General Insurance Associationâmy father received instructions from Ruxton to insure his ship in our companyâwe are not incorporatedâI produce these papers from our officeâI know Ruxton's writingâthe signatures to them are hisâthey are instructions for a policy of 600l. on the ship, and 300l. on the freightâthose policies were effected, and Ruxton afterwards made a claim on our association for the total loss.

COURT. Q. When you effect a policy yon deliver it out? A. Yes; we do not retain it; but I can prove that the policies were effected, by the books.

JOHN DUNN . I am one of the firm of Ashuret, Son, & Morris, solicitorsâI served this notice to produce (produced) on the prisoner personally.

Cross-examined byMR. SERJEANT BALLANTINE. Q. Do you mean that you personally served it on him personally? A. Yes; in the prison, and a copy us served on his attorney on 26th JanuaryâI did not serve it myself.

W. A. GRAY (continued) I produce, first, the book containing the policy of 600l. on the ship Joseph Howeâit re not in my writing, it was done in the time of my father, who was then manager of the office, he is now deadâthese signatures are his writingâI was acting with him for the Company when he was aliveâhe was acting as secretary to the Company, and my brother and myself have succeeded him as joint managersâthe are the books kept between the manager and the Companyâwhen a policy is effected it is the course of business that it is madder to the assured; the copy of it in this book is identical, and it is signed by the managerâafter the loss, my father received these two letters from Ruxton, they are in his writingâ(These were addressed to John Gray, Esq., the first dated 1 February, 1861, stated that the requisite documents were in closed to lay before the committee for the recovery of the policy on the Joseph Howe, and requesting a credit note an soon as possibly as the writer was anxious to replace the ship; the second was dated 16th May, 1861, acknowledging Mr. Gray's letter of the 15th, and the receipt of 89l. 7s. 11d.)âThe policies are copied into this book; 600l. on the ship and 300l. on the freight; both are dated 10th November, 1860.

WM. NICHOLAS DE MATTOS . My firm entered into the charter party that has been proved, and we afterwards made the advance that has been mentioned in itâwe paid 1, 161l., three-fourths of the freight, that would leave 387l. to pay, on the delivery of the cargo at St. Paolo de Loando, on the west coast of AfricaâI never received any freight from Ruxton for goods shipped by himâI was not aware of any shipment of cargo by himâI never authorized him to ship cargo on his own account.

Cross-examined byMR. SERJEANT BALLANTINE. Q. I suppose things of that kind are done daily? A. Not without leave granted by the chattererâI think we were entitled to the entire hold of the shipâwe should decidedly object to the captain adding something if there was roomâin sanding anything on his own account he was acting improperlyâhe might put anything m the cabin, but I consider that there was a demise of the entire holdâthe coals shipped would be a full and complete cargo, they would take up the tire space, and give a full dead weight.

COURT. Q. If the ship was not full, still it was as much as she could carry with safety? A. Yes; if she once had her proper complement of dead weight on board, the rest would be over-loading.

THOMAS REDWAY . I am Secretary to the South-western Insurance Club at

Exmouthâit is not a chartered association, it is registered as a mutual bodyâI received instructions from Ruxton to insure his ship in our club, and I accordingly effected these two policies, dated for the risk to commence on 10th November, 1860, one for 400l. and the other for 200l. on the ship Joseph Howe, not on the goodsâRuxton afterwards applied to me for payment of these policies on the total lossâI paid him, and he gave me these receiptsâ(These were two receipts, one dated March 28th 1861, and one dated 31st August 1861.)âthey were paid at different times because, being a mutual body, we collect the amountsâwe call upon the persons liable at certain times after the lossâwe stipulate for that in the policy.

REGINALD SGAIFE . I was formerly secretary to the Victoria Marine Insurance CompanyâI received instructions from Wardell, Frazer & Co. and effected this policy (produced)âit is dated 2d January, 1861âI do not produce any receipt from Ruxton for the amount, but a claim was afterwards made upon us on this policy by Wardell, Frazer & Co. and we paid the amount to themâwhen I pay a policy I endorse itâthis is my signature to the endorsement on this policyâI can undertake to say that upon this policy there was a settlement by our office of the full sum of 500l.

Cross-examined byMR. SERJEANT BALLANTINE. Q. Do you mean that you personally paid that amount? A. No; I said that it was paidâI was not present when it was paidâI endorse the memorandum on the policy that it is settled in fullâthe signature to the endorsement is in my writingâthat is a recognition of the claim, and I consider it a payment, because I should not make a second settlement.

MR. MOCULLOCK. Q. Did you at the same time receive instructions from Ruxton to take a policy on the ship for 1, 000l.? A. I received no instructions from Ruxton, I received them from Messrs. Wardellâthere have been changes in our office so that I cannot find those instructionsâI retired from the office after that policy.

WILLIAM SANDERS FRYE . I am a clerk at the Victoria Marine Insurance CompanyâI have searched for a policy for 1, 000l. on the Joseph Howe, but have not been able to find itâI produce the risk books.

MR. SERJEANT BALLANTINE. Q. Kept by whom? A. By a man named Sprange, not now in the officeâall I have done is to look at his entries and then make a searchâbesides what appears in this book, I know the nature and character of the policy by the copy in the officeâI have not got the copy here, it is entered in the copy policy-bookâI did not know that it would be asked for; it is at 3, Thread needle-streetâwe do not keep a duplicate of the policy, but we keep a policy-book, and besides that we have a risk book.

MR. BRETT. Q. Is this (produced) a copy of the policy? A. Yes; it was not made by meâ(The policy-book was sent for)âa claim was made by Wardell & Co. for 1, 000l. on the 1, 000l. policy, and a claim for 500l. on the 500l. policy on commission.

H. W. EDDIS (re-examined). I found this letter (produced) among Ruxton's papers.

MAXWELL ROBINSON (re-examined). This letter is Ruxton's writingâI know that he has a son named Williamâ(This was partly read, it was dated London, January, 1861, and commenced "Dear William'âit stated that the Joseph Howe foundered in a heavy sea, and that the crew were taken off by another ship; that he was well insured, 4, 000l. on the ship and freight, and 1, 000 on the goods, all in good offices, and expected to get 3, 500l. on the Wednesday or Thursday following).

RICHARD COLLINS SMITH . I am one of the firm of Smith, Simpson, and Co. ship and insurance brokers, Londonâon 14th November, 1860, I effected this charter party (produced)for Mr. Ruxton on the Joseph Howe with Messrs. Gabriel & Sonsâthis is Ruxton's signature to it.

MAXWELL ROBINSON (re-examined). This is my signature as the attesting witness to Mr. Ruxtonâ(This charter party was dated 14th November, 1860, between Ruxton and Thomas Gabriel and Sons, and agreed just after the ship had discharged her cargo she should proceed to another African port to be laden with a full cargo of square pitch-pine timber for the homeward voyage; one-third of the freight to be payable in cash on her arrival and the other half by bill).

RICHARD COLLINS SMITH (continued). We as brokers advanced Ruxton 600l. part of the freight on the charter partyâthe terms were that we should cover ourselves by insurance, the expenses of which Ruxton was to pay; he was to insure usâon the loss of the ship we received the insurance, and he kept the freight which we had valued, so that if the freight was not properly carried, we were to be insured by him, and were to get it back on the policyâwe were so far insured by Ruxton that he paid for itâhe pays the expense, and upon a loss we receive the money from the under-writersâthat was done.

MAXWELL ROBINSON (re-examined). This letter (produced) is Ruxton's writingâ(This was dated 13th November, 1860, to his son William, stating that he purchased the barque Joseph Howe, in London, last Friday week, for 2, 000l., and that she left for Cardiff on Sunday morning to load coal there for St. Paolo de Loando).

ALEXANDER BRAND . I am a sailorâI joined the Joseph Howe in Cardiff, about 7th December, 1860âRitchie was then the masterâthe ballast was then partly out of her, she was not then ready to load with cargoâtwo or three days after I joined the ship, Ritchie left, and I then for a few days acted in command of the shipâshe was afloat in the East Cardiff Dock when I joined her, and was making a little water, but not a great dealâshe made water during the time we were at Cardiff and just about the same thing all the time I was in herâthis letter (produced) is my writingâI posted it to Mr. Ruxton myselfâI wrote it at CardiffâI see an account in it of the water the ship was makingâon Friday, at 5 P.M. she was pumped outâshe was then discharging her ballast in the inner dock, which is eighteen or nineteen feet deep, and in the state she was with her ballast half out, she drew twelve or thirteen feetâwhen we pumped her on Friday night, I see by this refresher here, that she had eleven inches and a half of waterâI remember pumping her every night and morning.

MR. SERGEANT BALLANTINE. Q. If you had not seen that letter, should you have any memory on the subject? A. I could not mention it within an inch or twoâI think I joined the ship on Thursday.

MR. BRETT. Q. Did you pump her on Saturday? A. Yes; I do not remember what water was in her then, only by this documentâ(Looking at the letter)âthere was 2ft. 7in. of water in her on Saturday at 7 o'clock in the morningâwe had pumped her at 5 o'clock on Friday night; that shows that she had made water between 5 o'clock on Friday night and 7 o'clock on Saturday morningâRuxton came to Cardiff while the ship was there, more than onceâhe was there while the cargo of coals was being shippedâI received the coals; it was my duty as mateâI received the ship's storesâthey came down by the railway, and I received them from the railwayâI was up at the railway stationâI also received some beer on board, and some demijohnsâI cannot exactly tell you the amount, but I gave a receipt for them as mateâI received

some things on board which did not come by railway, which had miscarried by railwayâthis (produced) is the paper I signed, it is an account of the goods I received by railwayâI signed it when they were delivered at the pier-headâthis includes the stores I have spoken ofâI did not sign the other paper; it is signed A. W. White, but it was included in the otherâthis paper contains all the beer that I received, as far as I remember; there was one cask which miscarriedâI got no more articles by railway excepting one caskâwe received the demijohns by railway, and there was a good deal of potatoes, three, four, or five tons; I gave a receipt for themâwe used those potatoes as far as we couldâI also received turnips and vegetablesâwhen Ritchie left, I acted for a day or twoâthe captain joined a week or ten days after Mr. Ritchie leftâBertie was acting just at the finishing of the loading; he had joined the ship before she left CardiffâMr. Ruxton was at Cardiff when Bertie was thereâwe sailed from Cardiff on 24th Decemberâthere was not such a material leakage in the ship; for the first two days there was no increase that I could notice, from what there was when she lay in the docks, but she was leakyâwhen you have other work to do sometimes you have to leave the pumps for three or four hours, and sometimes for eightâI cannot exactly remember how she was on the third dayâwe quitted her on the second day of the year, between Ushant and Scillyâwe left her because she was nearly full of waterâshe went to the bottom, I should say, six hours afterwards at the farthest, but I did not see herâthe was abandonedâshe was in a sinking state when we left her; we had been pumping her for four or five days of constant work, for the purpose of keeping the water downâsometimes the water was up to four or five feet, and sometimes it was down to three, according to the pumpingâthere was seven feet when I sounded her lastâat the place where we left her, I went on board the Indus with the captain and the crewâthat is a place where ships are constantly passingâthe Indus was a homeward bound ship from Madras.

Cross-examined byMR. SERGEANT BALLANTINE. Q. Was this the old leak, or a new one, that she sprung? A. It must have been a new one, because she made more water afterwardsâI cannot say whether she sprung a leak in any other part, or whether the old one opened again, but we got her repaired as well as we could where the old leak wasâshe was properly repaired, in my opinion, to go on the voyage to St. PauloâI had no interest in her, nothing but my wages, which were 6l. a monthâthe voyage was for nine or ten monthsâwe should have been about eight weeks going to the coast of Africaâif I had seen any danger I would not have gone; in my opinion, there was no ground for apprehension, I was not afraid to go in her; I do not know whether the leak was known to the crew before leaving; the carpenter came and joined the ship, he had been the voyage in her beforeâhe apprised us where the leak was, and we got it repairedâthat carpenter had been the same voyage when she was under different master and ownersâhe pointed out where the leak was, from his former acquaintance with the vesselâhe never had the chance to ship for the voyage, because he was taken sick; he did not sign articles, he had not the chance, he diedâI suppose that if he had lived he would have gone out in her; he was going the voyageâthe ship Bank about sixty miles from Scillyâit was not very bad weather, we had some severe weather between Cardiff and Scillyâit was what I call heavy weather, very bad weatherânew pumps had been put on board, and patent wheels to turn the handles, which makes it easier for the crewâit enables more work to be done, with less troubleâthe captain appeared

to attend to his Teasel properly, as far as he was able, but he was sickâthere was nothing that I know of which rendered it improper to start from Cardiffâif the vessel had foundered in that weather, and we had been obliged to take to the boats, we should have been in extreme perilâthe Indus came close alongsideâI would not have minded being in the ship another day, but it was not prudentâI do not think she could have been saved; everything that could be thought of, and which I, as a mariner, could suggest to Rave her, was doneâI was never at St. Paulo, but I have been close to itâI know that captains are in the habit of baring a little venture of their ownâI do not know whether the potatoes were ship's stores, or whether they were taken out as a speculation; there would be a large quantity for ship's stores, but not a large quantity for a ventureâI do not know of any flour going out, I cannot say whether it, did or did notâthere were some pickle jars, and a good quantity of preserved salmon, which I signed forâthere was also a good quantity of perfumery; that was not for the sailors; there was a large case of it, and I think there was another case; there was one case of perfumed soap, and another of perfumery of another kindâI do not know whether there is a good return for perfumery on the coast of AfricaâI was never out with Burton or Bertie before.

Cross-examined byMR. GIFFARD. Q. You say that you were sixty miles from Scilly? A. Yes; as near as I can guessâwe had been running for Scilly for two days before thatâthe captain consulted me as to whether it would not be prudent to bear up for a port, instead of continuing the voyageâI do not remember the exact date when the captain joined; it was more than three days before the vessel started, five or six days, at any rateâI cannot say whether he joined before the 20th, but I think it was about the 19th or 20th.

MR. BRETT. Q. You say that there was bad weather between Cardiff and Scilly; were any of the ship's spars carried away? A. No; but some of our spare spars were washed adrift, which were lashed on board, some of our bulwarks were knocked in, and the longboat, which was lashed amidships on deck, was knocked down on the lee side, and washed adriftâwe did not lose her; that was not when we were lowering the longboat, it was before we bore upâI do not remember what water was in the ship when we bore up; the men were in mutiny nearly to bear up, because the ship was making so much water, and so much water was washing over herâwe had gone 300 or 350 miles to the south-west, on the other side of Scillyâbefore we bore up we were making the proper course out to sea; we were in the course of ships homeward and outward.

COURT. Q. When you left Cardiff did yon sail in company? A. Nothing particular, but there were ships leaving with usâwe saw a great many ships between Cardiff and Scilly, taking the same course that we didâwe bore op for two days, through distress of weather, but the other vessels prosecuted their voyageâwe were out nine days between Cardiff and Scilly before we left the ship, and were two days bearing up, running back to a port, and out of our ordinary course to St. Pauloâwe saw several vessels running the tune course along with us, but I do not know whether they were homeward bound vessels; no vessels which left Cardiff, to my knowledge, came backWith us.

JURY. Q. When you left Cardiff, did you consider that the vessel was too deeply laden? A. She had rather too much cargo in herâneither the crew nor I complained of thatâno complaint was lodged by the Dock-master, or anybody that I heard ofâthe long boat was disabled when we left the

shipâthe first boat we put out was quite right, but she was stove going alongside the Indusâthe long boat was stove beforeâthe vessel was not finished loading when Captain Bertie joined, but she was partly finishedâhe had no means of knowing what stores had been put on board before he cameâI know no means which the captain would have of knowing what goods were put on board, excepting his own shipment, but from meâit was my duty to receive the goods and sign the receiptsâI do not remember the captain inquiring of me what goods had been received, before he signed the bills of lading, but I gave him all the receipts for the goods which had comeâthere was no appearance of the captain being ill before he joined, to my knowledge.

CHARLES PIMM . I am a rigger, of CardiffâI took a contract from the prisoner Ruxton, to get the ship ready for sea, and was on board the Joseph Howe at Cardiff, from 18th till 24th December, when she sailedâI was in the hold at different times, and had the opportunity of seeing what cargo was on boardâin addition to the coals and demi-johns, I saw about 100 casks of beer on board, and about seven or eight barrels of flourâI saw no other flour on boardâI pumped the shipâI cannot say how fast she made waterâI pumped her one day for five or six hours in dockâI did not pumpâI was to take in these things, and do everything necessary to make her fit for seaâI am not a shipwright, nor do I act as oneâI had nothing to do with the hull, only as to the rigging.

Cross-examined byMR. GIFFARD. Q. You bent some new sails? A. Yes; fourâI did not send any mast or sparsâmy bill altogether was about 7l. 10s.âI did not put a new caboose for cookingâI do not know who did.

WILLIAM PARRY . I was employed as night watchman on board the Joseph Howe at Cardiff, and was also employed by day to check the receipt of the stores, and all that came on boardâI had opportunities of going down into the hold and seeing what was in the shipâbesides the coals and the demi-johns, there were about 100 barrels; I cannot say whether they were all beerâthere were also six or seven barrels of flourâI saw no other flour on board for stores.

Cross-examined byMR. GIFFARD. Q. Have you any note of these thing that you saw carried on board; any memorandum? A. NoâI have been night watchman to a great many vessels in the Bute-dock, Cardiff, since thatâI am employed constantlyâI took a note of the 100 barrels, but have got no memorandum in writing about them at present.

THOMAS SNOW MILLER . I am the collector of customs at Cardiffâwhen a ship goes to sea, the captain produces to me the clearance of the shipâthat is called the Content, and it should always contain the description of the cargo on boardâthe agent to the broker to the ship, makes it out, and the captain signs it by declarationâthere is a searcher of the Customs, who searches the ship previouslyâthe declaration is the final clearanceâif the whole contents of the ship were not in, it would be illegal to clear herâI clear her in point of factâthe clearance is made out, and the master declares it before meâI take it as a Magistrate would, and then sign itâthe old form was a Custom-house oath, as it was termedâthis is the Content of the ship Joseph Howeâthis is my signature, and the master'sâI keep these papersâI do not keep all the papers that the broker prepares, and the master brings to me, and I attestâthey are not exactly duplicates, but they refer to theseâthis refers to the bills of ladingâhe declares that three bills of lading contain the whole of the cargo, and, as his clearance, I give him a document containing all the essential parts of this, signed by

me, and he produces that to the Consuls if he should put in on his voyageâthis document in Latin is a bill of clean healthâthe content is the one that contains the amount of cargoâI keep these papers at the Custom-house, and have produced themâat the time the ship was cleared. Bertie forwarded me these three bills of loading, according to the statuteâthe clearance was quite regular in point of formâthey are signed by my searcherâwhen he searches the ship, he signs the bills of lading, to say that, he has done soâhe is answerable for thatâI produce them from my officeâthey are either signed by Bertie or by somebody for himâit is by declaration they should be signed by himâI do not think Ruxton was present at the clearing of the ship, but he was within the precincts of the town.

Cross-examined byMR. GIFFARD. Q. Does the captain or owner very often ask for a drawback in respect of the stores? A. Yesâhe asks for stores, out of bond, but wine would have a drawbackâhe gets that out of a bonded warehouse, being goods which have not paid duty; they are not for consumption in this countryâin order to do that a request is made outâI have to look after it, to see that the articles are such in amount as are correct for the Toy age, and before such stores are granted, I have to form a judgment upon it by calculationâthe technical name of the document is a request note.

COURT. Q. He makes a request to you, and if you are satisfied with the quantity, you make out the order? A. Yesâthey sometimes ask for more than they oughtâa man on board would not give them up without an orderâI have no doubt that in this case, stores were taken out for the Joseph Howe.

WILLIAM SAMUEL JENKINS . I am searcher at the Custom-house, at CardiffâI searched the Joseph Howe in reference to a drawback made for beer and wineâI found on board ninety-three packages of beer, and twenty cases of wineâdrawback was claimed on bothâI saw no other wine or beer on boardâI did not search the ship for bonded stores.

COURT. Q. What was the drawback claimed on the beer? A. That was for Inland Revenue, and that on the wine was for the Customsâthe ground on which it is claimed is the duty to be returned if they are exported from this countryâthe beer was sent down to Cardiff, but the wine was out of a bonded warehouseâthere was nothing exported from Cardiffâthis is something different from anything which was exported at Cardiffâhe said, "I have got a certain quantity of wine or beer on board, upon which the duty is paid, and now, upon exporting it, I claim a drawback."

Cross-examined byMR. GIFFARD. Q. Is that drawback allowed in consequence of its being ships stores? A. No; cargoâwe make no differenceâhe would still be entitled to the duty, whether it was cargo or storesâit appears on the content whether this was claimed on cargo or storesâif it was on stores, it would not appear on the content, but on the victualling billâthere is a mention of similar stores on the bill of lading.

MR. BRETT. Q. Stores are taken out of the bonded warehouse? A. Yes, the duty not having been paidâthe beer which I switched for, is mentioned in the bill of lading on which there is drawback.

COURT. Q. According to the best of your judgment, there was no more than ninety-three packages? A. Nothing moreâI ascertain the number of packages and I open a portion of themâI only went to see if the packages corresponded with the entry, and did not search to see if there was moreâI not recollect whether any more was pointed out to me.

RICHARD REES TODD . I am a ship-broker at Cardiff, and acted at this

time as Portuguese Vice-ConsulâSt Paolo de Loando is a Consular port, and was in my jurisdictionâwhen a ship is to sail for that port, it is necessary that the captain should produce a manifest of his cargo to me, and also the bills of lading; and it is my duty to see that they agreeâI then take a copy of the manifest, hut not of the bills of lading, as the contents of them are copied into the manifestâI keep one manifest, another is sent to the collector of customs at St. Paulo de Loando, and one is given to the captain to take, open; on the arrival of the ship, the cargo is checked by the manifest which I have forwardedâI believe Bertie cleared the ship, Joseph Howe, before meâthis (produced) is the manifest kept by meâit is signed by the captainâthese (produced) are the papers which I gave BertieâI also sent a copy to St. Paulo de Loando.

COURT. Q. Can you tell me the reason for that role? A. We keep a copy, because at the end of the year we are obliged to send a return of the vessels and their cargoesâwe should not be able to make out our reports unless we kept a copyâone of the reasons is, that the government of which I am Consul, prohibits the importation of certain goods, and I give this as a permit for the discharge of the goodsâit goes with the ship, sealed upâit is the custom to send it by the shipâthe post would be a speedier way.

MR. BRETT. Q. Are these the papers which he ought to take out to St. Paulo? A. Yesâthe captain takes out one set sealed, but not enclosed in anything, and the other loose.

H.W. EDDIS (re-examined). These papers were found with Ruxton's papers.

RICHARD REES TODD (cross-examined byMR. GIFFARD). Q. I do not know whether you can tell me who the broker was who managed this ship? A. I do not rememberâI have heard since that it was Mr. Carrollâthere is a Mr. Carroll, a ship-broker, at Cardiffâhe was alive and well when I saw him lastâI have not seen him to-dayâI last saw him, it may be a fortnight ago, he was then alive and well.

JULES VAN TROYEN . I was clerk to Mr. Carroll, a ship and insurance broker at Cardiffâhe was broker for the Joseph Howe, and I acted for him entirelyâhe entrusted the affair to meâI did not clear the ship at the Custom-house myselfâI signed the bills of lading for Mr. Carrollâthose bills of lading so signed by me, and sent into the Custom-house, represent the whole of the cargo.

Cross-examined byMR. GIFFARD. Q. When did you first take the management of the Joseph Howe into your hands? A. When the ship arrived it CardiffâMr. Carroll has an extensive businessâI left his service five months agoâhe keeps books, but there is no book for the shipping that will show the dates of the transactionsâI acted for two charactersâthey consigned the skip to Mr. Carrollâfor the Custom-house businessâKnowles and Foster (mentioned in the charter party) are merchants in LondonâRuxton first asked me to clear the ship, in the month of DecemberâI do not exactly know the dateâI did not get the clearance myself, Gasconade got itâhe is hereâI instructed him to make the bill of lading, according to the contents of the Custom-house bill of ladingâwhen we took the copy of the bill of lading at the Custom-house, we did not see the captain, and I had nothing to do with it Gasconade made the bill of lading, not IâI have never seen the signature to it, but I come to that conclusion by examining the bill of lading with the contentsâI checked it with the contents.

COURT. Q. You represented Carroll and acted for him? A. Yes; and I

took charge of the ship's cargo, there being a small matter of ship's stores and cargoâI acted in that as well.

MR. BRETT. Q. Was Mr. Carroll the ship-broker in the ordinary way? A. He was; and I acted in the ordinary courseâthe captain does not bring me bills of lading of all the cargo shippedâhe comes and signs the bills of lading in the officeâall the bills of lading pass through the hands of the ship-brokerânobody acted at ship-broker but Mr. Carroll.

HENRY GASCOYGNE . I was clerk to Mr. Carroll when the Joseph Howe was at CardiffâI prepared the content produced, and the Custom-house copy only of the bill of lading.

Cross-examined byMR. GIFFARD. Q. You only prepared the Custom-house copy of the bill of lading? A. That is so the broker makes out this copy for the CustomsâI do not know when the bill of lading was presented to the captain for signature.

EDWARD FROST . I am manager of the goods department of the South Wales Railway station at Cardiffâall goods are entered in the inwards-goods book, which I produceâit is not in my writingâthe clerk in the office who wrote it, is not hereâbut I see the book from day to day, to see that it is properly entered and carried out, to see that the clerk does hit workâI do not see all the goodsâI do not see them in the ordinary course of businessâI have brought the book to prove what is received at the station.

COURT. Q. You see this book from day to day? A. Yesâit is not compared with the delivery-book by me, but I see that it is comparedâtwo clerks make out the delivery-bookâ(The Court considered that the book could not be admitted as evidence).

DAVID RICHARDS . I am contractor to the South Wales Railway-station at CardiffâI delivered certain goods from there to the Joseph HoweâI produce receipts for their deliveryâI took them to the wharfâthey are signed by Alexander Brand.

COURT. Q. I suppose this bill is made out by somebody in your office? A. Yes; the coarse it for me to take a book when I deliver them, and a paper, and he signs the bookâthe paper is for me to receive the money from the brokersâit is signed by Brand, without which the broker would not pay.

CHARLES COLLINE . I was clerk to Messrs. Smith, Simpson, and Co.âI know Ruxtonâthese bills of lading are both filled up by meâI may have filled up the bills of lading from this paper, but can t speak positivelyâit was about the time of the ship sailingâthe date is December 24thâI can't undertake to say that I filled them up on that dateâit was not on that dateâmy firm is in LondonâI went into the country at Christmas-time, before Christmas-day, and returned on 8th JanuaryâI can't remember whether I filled up those bills of lading before I left, or after I returned; but I filled them up in the officeâI went into the country on the Saturday previous to Christians-dayâI think Christmas-day was on the TuesdayâI still cannot say whether I filled them up before I went into the country, or after I returned.

COURT. Q. How came you to fill them up at all? A. In the ordinary course of business they were given to me, and I filled them upâI had nothing to do with the shipment of the goodsâthe bills were given to me to doâI forget who requested me to do itâI had nothing to do with the goods, merely as a clerkâthe firm chartered the shipâthey had nothing to do with the shipment of the goods that I know of.

MR. SLEIGH. Q. Did you know Mr. Ruxton before? A. I knew him from his coming to the office, since he came on business thereâI have left the office since.

MR. BRETT. Q. Have you any belief as to who told you to fill them up? A. No; I fancy it was Mr. SmithâI do not recollect the circumstance at all.

COURT. Q. Was there not a second charty-party entered into; did your house charter the ship for her second voyage; had your house anything to do with effecting the charter for Mr. De Mattos? A. She was chartered through, I believeâthe signature to this paper (produced)is the signature of the firm of Simpson, Graham, and Co., and is signed by De Mattos as the attesting witnessâour firm chartered the shipâI do not know specially whom they acted for.

ROBERT FOX . I was from 1859 to 1862 in the employment of Mr. RuxtonâI left for a short time, and returned in March, 1861âthese two bills are drawn by James BertieâI know his writingâthey are his writingâthey are accepted by George Ruxtonâthe signatures to these other bills are in Ruxton's writingâthey are advising the bills to the Union bankâthe signatures to these bills of lading are Bertie's, the captain of the Joseph Howâthe name of James Bertie, attached to this content, is Bertie's signatureâI see Bertie's name on the back of these two billsâthat is his writing.

EDWARD DAWSON HOOTON . I am a clerk in the Union bank at LiverpoolâRuxton had an account thereâI produce these bills of exchange from our bankâthey have been paidâRuxton forwarded me these slips.

Cross-examined byMR. GIFFARD. Q. Have you any doubt about that bills? A. No.

THOMAS SMITH . I am a detective officer of the borough of LiverpoolâI took Bertie into custody at Falmouth, on board his shipâI told him he was charged, with George Ruxton, with conspiring to defraud the underwriters, by losing the Joseph Howeâhe said, "Yes, she was lost;" and sat himself down on the sofa; he then said, "I did a bad job when I signed those blank bills of lading"âI asked him if he had any papers connected with the Joseph Howeâhe said, "No, I think not"âI described them, searched the place, and found some papers, which I afterwards showed to himâI took him to the office of Messrs. Fox and Co.âI there read a letter addressed to himâhe read it, and I then took it from himâI read this letter to myself, and said, "Is it true that Ruxton owes you that large amount of money for arrears of wages?" meaning the sum mentioned in the letterâhe said, "No; he never owed me a shilling in his life"âit was after he had read that letter that I asked him that questionâ(Letter read: "Liverpool. Dear Bertie, the detectives are after you for the loss of the Joseph Howe, Mr. R. is in gaol for the same. They know of your receiving two bills, amounting to 400l., which you must account for as follows: 150l. insurance on effects, 130l. profit on goods on spec, 1201. balance of an old account, and wages; also expenses from Newcastle, board and lodgings at Cardiff and London, which sums amount to 400l.: abide by these instructions, and all will be right Sorry for poor Wylie. Destroy this immediately, or any other document relative to the said ship. Yours truly, A well-wisher.")

Cross-examined byMR. GIFFARD. Q. When you took him to the office, was it for the purpose of his receiving that letter? A. YesâI first knew of its being there about 20th November, three weeks before, but I never saw that letter beforeâI took him there for the purpose of receiving a letterâI had received intelligence of it from Superintendent Julian of Falmouth, who is hereâI told him I thought it would be better to call, because there might be a letter for him, and we did soâI was here last sessionâI was not here when an application was made to postpone the trial; I know that

it was postponedâI know that part of the terms of the postponement were that Bertie should go out on bailâbail was given at LiverpoolâI objected to the first bail tendered, and kept Bertie in gaol ten daysâI passed one bailâI knew that the object was that he should go out on bail to prepare for his defense.

MR. BRETT. Q. Did You object to one or to both the bail? A. To oneâthe Magistrate inquired into the sufficiency of that person and rejected himâI did not object to the other oneâa respectable person was afterwards offered and acceptedâI had nothing to do with sending the letterâI had never seen it before I took Bertie there.

COURT. Q. You had a suspicion about that letter, of course? A. We inquired at Lloyd's agents, and at all the places, if any letter were left there for him.

CHARLES CARLISLE (re-examined). When I took Ruxton's papers, I found a parcel of them tied together with the words, "Joseph Howe" on the backâI delivered them to Mr. Ellis in the state in which I found them.

H. W. EDDIS (re-examined). In the course of my business as an accountant, I have had great opportunities of learning the mode in which mercantile business is carried onâit is necessary to a certain extent in my business that I should be acquainted with the ruling prices of different commoditiesâI was employed in this case to look into Ruxton's papers, and booksâI received them from Carlisleâamongst others I received a parcel of papers tied up and ticketed "Joseph Howe"âI found there a number of invoices, which I produceâI have compacted those invoices with the delivery tickets of the railway porter, and have a statement here showing the small points in which I have not been able to make them correspondâthey do correspond, but with some trifling exceptionsâI find hers two barrels and one tierce of sundries, four chests, and one trunk, received at cardiff, which I cannot identify with the goods received by the invoicesâthey are in the railway accounts, and I cannot find corresponding invoicesâthere are invoices for small goods, which, according to the ordinary course of business, would be packed in barrels and tierces to be sent by the railwayâthose small articles do not appear in the railway receiptsâthere are invoices for small articles in the railway accounts, barrels and tierces, otherwise they correspond exactlyâamong the invoices I find some for beerâI find an invoice for 200 dozen quarts of pale ale, packed in fifty barrels, of four dozen each; 301 dozen pints of pale ale, packed in forty-three barrels of seven doze each; thirteen barrels marked R in a diamond, containing fifty-two dozen quarts of London stout; that makes ninety-three barrels, besides the thirteen of stoutâI find no other invoices for beerâI believe a certain quantity of porter is taken as ship's storesâthere is no mark in the invoice to the ninety-three barrelsâI have seen the bill of lading which was presented to the companyâI have searched all Ruxton's papers, which were delivered to me, for invoices, but did not find any number of invoices which would make up the 800 dozenâthere are a number of invoices and small accounts for amounts of 2l. or 3l.âI see on one side an account of the goods, and on the other side the prices are carried outâI see a word here which may be "tons" or "tierces"âassuming it to be "tierces," it is quite impossible that the prices could be the prices of those goods; it would be quite impossible to put one ton of cabin biscuits in a tierce, and supposing it to be "tons" the price could not correct, because the price given, 30l., would be approximating to the price of a ton, it would be rather above the price of a ton of cabin biscuits, rather au excessive price, and the same with the

other itemsâthey are in the same categoryâthe same remark would apply to the cabin biscuits and navy biscuits, the split peas, rice, and barleyâthe flour would be about the price, about 2l. a barrel, or rather overâI have found amongst Ruxton's papers the accounts of the repairs done to the shipâthere is an account of some repairs done in London before the vessel sailed for Cardiff, of I think 124lâI believe the vessel was put into the gravingdockâhere is an account of 4l. 14s. 3d., for repairs at Cardiff, from Bachelor Brothers, thereâthere was also a small account of Mr. Rumbelow's, for repairing the pumps:âthe account was among the papers that were handed to meâI have not the account here, but I find the amount is ten guineasâI do not think there is any other account besides that:âI produce an account of a payment is BertieâI find this, "Please pay per Captain Bertie, 10l., and charge the same to same to my account, G. Ruxton"âit is an order on Mr. Carroll, dated 22d December, 1860âI also find a receipt signed, "James Bertie," "Received of Mr. George Ruxton 7l., as wages, as master of the barque Joseph Howe"âthose were not pinned together; that was only done for the purpose of convenienceâI also find an account of Mr. J. P. Carroll, the broker of the vessel, in which was enclosed an amount of 10l., paid to Bertie as captain of the vessel.

Cross-examined byMR. GIFFARD. Q. Was this vessel re-classed In London? A. I believe she wasâI have had some experience in shipping mattersâit depends upon the class whether it takes a good deal of money to re-class a vessel like the Joseph Howeâ(she was put into class A.E. 1, I think)âthat is a point upon which I have no practical experienceâI do not know what sum would be expended to get her re-classedâwhether porter is usual in ship's stores, depends upon the liberality of the owner, and the length of the voyageâI believe this was a voyage of eight months, out and homeâshe was chartered for a round voyageâI never heard of St. Paolo de Loando till now, and know nothing of the customs of that port, or of the African tradeâI cannot tell you whether the Merthyr steam coal is one of the great things that steam shipping desiresâI do not know the nature of the coal at Cardiff, and I have had no experience of the trade to the west coast of Africaâthe biscuits I had to value, are called navy biscuits which are usually supplied to vessels.

COURT. Q. What did you do with the papers after you received them? A. For a considerable time they were in the detective office at Liverpool, not in my custodyâit was about 2d or 3d December that I searched the papers tied up and labeled "Joseph Howe"âthey were two or three weeks in the office of the detectives, till the end of September; they were not taken from that office at allâthey were handed to me there, and I went backwards and forwards to that office for three weeks; they remained there for the purpose of my examinationâan application was made in London for a warrant against the prisonerâthe papers were then given into my custody, and I brought them up to London for the purpose of getting that warrantâthey remained in my custody, and I returned them to the detective office, in Liverpool, tied up as beforeâsince that they have been in the hands of the attorneys for the prosecutionâthey have been in my possession ever since, with the single exception of their being at the office for my inspection, and since that in the hands of the attorneysâI can say that when I first received the papers these documents were among them.

MA. BRETT . Q. When you speak of the detective offices in Liverpool, are they the Corporation offices? A. Yesâwhen I wanted the papers, I applied for the key of the office in which they were locked upâI inspected them and afterwards banded them over to the attorney, and I gave them to

the policeman to put them where they were beforeâI was in the habit of getting the key from the chief clerk, Mr. Featherstone, of LiverpoolâI can undertake to say that before the papers were removed, these papers were among themâI never saw Ruxton in my life before the inquiry at Liver-pool.

MR. GIFFARD. Q. I will just ask you a question upon that; hold that account in your hand, you see the first figure is thirty barrels, do not you see that it has been thirty-five, and that thirty is written over it? A. I think it has been twenty-five, if I am rightâI am looking at it carefully.

Q. Do you see that it is carried out thirty-five in the corner in pencil? A. I think it is thirty in the cornerâI see these words, which are either "tons" or "tierces"âI think the "n" is like the "n" in "cabin"âI should read it "turns"âit is not the best writing, and taking it as bad writing, I take it to be "n"âthis little mark below the level of the "n" I take to be a defect in the paperâI am looking at it very carefully with a magnifying glass, because there is a little breakâit is not very easy writing to decipher, but to the best of my judgment the word is "tons."

JURY. Q. Will you undertake to say that the paper is in the same state now as when you found it? A. CertainlyâI never looked at it so minutely before as I am doing now.

MR. BRETT. Q. Have you done any thing to it? A. Noâthe pencil marks inside are exactly as they were, and all except the word "memorandum" outsideâif the word be "tierces," I am still of opinion that the prices are perfectly absurd; it is impossible.

THOMAS PARKS (re-examined). I believe these papers art in Mr. Ruxton's writingâI do not know whose the pencil marks are, but I can say that they are not Ruxton'sâthe writing in ink is Ruxton's, but the pencil marks are not.

W. L. FRY (re-examined). I now produce the policy-book from the Victoria; it contains the copies of the policies.

408. JOSE ERANCISCO (34) Burglarious breaking and entering the dwelling-house of George Pound, and stealing one watch and one chain, his property; to which he

PLEADED GUILTY .*â Five years' Penal Servitude.

There were three other indictments for burglary against the prisoner.

409. WILLIAM WHITEHEAD (23) , Stealing, whilst employed in the Post-office, a post-letter containing 2 sixpences and 12 postage-stamps, the property of Her Majesty's Postmaster-General; to which he PLEADED GUILTY .â Four Years' Penal Servitude.

JOHN ROBINS . I am a private in the 3d Buffsâon the morning of the 6th January I was in the Blue Boar public-house in Rosemary-lane from about 2 until about a quarter to 3âthat was after midnightâwhile there I saw Thomas Nennis and the four prisonersâI heard Malone say to the prosecutor, "I have paid for a quart of beer for you to drink, and it is nothing but right that you should pay for one for me before you leave the house"âthe prosecutor said he had drunk no beer of his, and therefore he should not pay for any for himâthere was then a disturbance between the prosecutor and Donovanâhe struck the prosecutorâthe landlord then turned out Donovan and NennisâI did not notice which way they wentâthe remaining three prisoners followed themâI then left house, and was on my way across Tower-hillâI was crossing the top of King-street, and I saw Nennis and the four prisoners; one on top of him, and he down on the groundâAndrews had hold of Nennis by the throatâI took hold of Andrews, and struck him, and knocked him up against a shop door, and he was bleeding at the mouth at the time I gave him into custodyâI went over again and I saw Donovan rifling the man's pocketsâI said I would not let him loose until such time as I gave him into custodyâI then saw Malone putting his hand into the prosecutor's left-hand breast coat pocket, and taking from it a pocket-bookâI saw Bryan standing at the feet of Nennis; I cannot say whether he was getting any money from him; he was there implicated in rifling himâI afterwards spoke to the policeâI saw Malone in custody at about half-past 3âtwo men made their escape just at the time the row was; the other two were collared.

Cross-examined byMR. RIBTON (For Bryan). Q. What time in the morning was this? A. Between a quarter-past 2 and a quarter to 3âI left the public-house about that timeâit was about five minutes after that, to the best of my opinion, that the row took place, or ten minutesâit was very near 3 o'clockâit was in the public-house the row was going onâI found them there when I went in, at 2 o'clockâI had been drinking, not anything out of the wayâI was not drinking with anybody; I was drinking by myselfâI joined the Army on the 22d of July, 1852âI have not been to Bryan's

mother's house since this occurredâI have not taken tea thereâthe whole four prisoners remained in the house the whole timeâI do not mean to say they all left the house together; I said Donovan and Nennis went' out, and the other three followedâI mean to swear that when Donovan and Nennis went out, Bryan was in the public-houseâhe went out after themâRobins is my right name; that is the name I was born byâI can swear itâI was tried by a court-martial once; only onceâthat was for making away with ten rounds of ball cartridges on the enemy's fieldâI took charge of twelve down cases of brandy belonging to my officers, and there and then I discharged nine rounds out of the tenâI was tried by court-martial for thatâthe charge was for making away with ten rounds of ammunitionâthe sentence was fifty lashesâthat was at Tien Sien, in the north of Chinaâin addition I had to pay a penny a day for fifty daysâthere was no imprisonmentâthat was about two years ago, or it might be two years and a half.

Q. I ask you, upon your oath, is that the only time that you were tried by court-martial? A. I have not taken my oath whether I have or not; if you want my character you must send to the regiment for itâI decline to answer; I will answer about the prisoners, and no other.

COURT. You must answer the question.

Witness. That was the only time I was tried since I have been a soldier.

MR. RIBTON. Q. Were you ever tried before you were a soldier? A. Neverânever on any occasionâI was never tried for anythingâI never had any charge made against meâI refused to answer, because I am a witness against the four prisonersâI have not refused to answer any questions you put regarding the four prisonersâI did not, after this occurrence, visit Bryan's motherâI never went to his mother's houseâI never had tea thereâ(Bryan's mother was here called into Court)âI have seen that woman in Court since I have been hereâI never saw her before I saw her about the CourtâI have never said, while there taking tea, "I do not deserve this tea, but I will deserve it"âI never boasted of my knowledge of the law, and said I had been tried three times by a court-martialâI did not make inquiries as to whether the prisoners were to have any attorney to defend them at the police-courtâI never made a threat that if they had any lawyers to defend them, I would do what I could to get them three yearsâI never said anything of the kindâI am prepared to swear that Bryan was there at the time the assault was committed; he was standing at the footâif he was standing at the foot be must be taking part in the assault.

Cross-examined byMR. WAY. (For Andrews, Donovan, and Malone). Q. You say Donovan had been drinking when you went in there? A. Yes; the prosecutor had been drinking scarcely anything before thisâhe was quite soberâI did not see him call Donovan outâI will swear he did notâthere were more people in the public-houseâthere was a lot of women thereâI cannot answer that they were making a great noiseâthere was a good many voices at one timeâI could not say whether the women were making any noise, or whether it was the menâon Nennies leaving the house Donovan struck himâthe table he was sitting at was at the public-house doorâI can swear Nennies did not say, "Come out here"âhe did not offer to fightânothing of the sort.

CHARLES STROUD (Police-constable, H 156). On the morning of the 6th January, at a quarter to 3, I was on duty in Tower-hillâI heard loud voicesâI saw Andrews and DonovanâI went towards the top of King-street, and as I got to the top, Donovan came out first, and the soldier close to him; in fact, he had his hand on him, and he said, u I will follow you the

whole night but what I will give you in custody"âhe then saw me and said, "Take this man in charge"âI asked for whatâhe said, "For being concerned, with others, in robbing a sailor down the street"âI at once took Donovan into custodyâI said, "Where are the others?"âthe soldier said, "There goes another"âthat was Andrewsâhe was then making his escapeâthe soldier ran after himâhe brought him back, and gave him into the custody of Sergeant Samuel Bell, H 20âI asked, "Where is the man that has been assaulted?"âhe said, "Down the street"âthe soldier went after him and brought back NenniesâI then had Donovan in custody, and the sergeant had Andrewsâthey heard the conversation with NenniesâI said to Nennies, "What is the matter?"âhe said, "These men knocked me down and robbed me"âhe was then bleeding from the month and nose, and his coat was covered with bloodâhe said, "They took my pocket-book and my money"âI then took them to the stationâthey did not either of them say anything particular to the chargeâwe returned to Royal Mint-streetâthat would be about twenty minutes or half-past 3âwe met the sergeant with Malone in custodyâI then asked the prosecutor if that was another oneâhe said it was, and the soldier said it was also.

Cross-examined byMR. RIBTON. Q. How far is it from the corner of the street where the assault was, to the "Blue Boar?" A. About fifty or sixty yardsâI did not see the assaultâI heard a noise, and went to the top of the streetâthe assault was committed about twenty yards down the streetâwhen I came up they were at the top of the streetâthe landlord of the house is not here.

Cross-examined byMR. WAY. Q. You say they said nothing particular; did they deny the robbery? A. They said they would go to the station, and they went quietlyâDonovan commenced swearingâAndrews said, "Hold your tongue; do not make a noise"âDonovan replied, "We shall have to die at home; what signifies; we can but live; if we live here, we shall have to die there; if we go to some other country, we shall have to die there"âthey had been drinking, but were not drunk.

(Malone toROBINS). Q. How long were you in the house before I come in? A. It might be ten minutes or a quarter of an hourâI will swear you were all in the house when I came inâit was after that I left the houseâI was in half an hour, or three quarters of an hourâI am sure when I went in the whole four were there.

SAMUEL BELL (Police-sergeant, H 20.) On the morning of 6th January, at about a quarter to 3, I found Donovan in the custody of 156 H, in Royal Mint-streetâthe soldier was there when I got up thereâhe turned round and said, "That is the other one"âI took him into custodyâthat was Adam AndrewsâI then took him to the stationâthe prisoners were there charged by the prosecutorâthe soldier described the other prisonersâhe returned with me to Rosemary-laneâafter we returned to Rosemary-lane we saw Malone walking on the contrary aide of the streetâI was in the act of crossing the street, and he said, "Do you want me I"âI said, "Yes"âwith that I whistled and turned on my light, and Stroud, 136 H, and Thomas Nennies and the soldier came back, and when they got within four yards they said, "That is the man."

ROBERT PAYNE (Policeman, H 198.) On the morning of 7th January, at half-past 2, from information I received, I went to Christopher-courtâit was between 2 and 3 in the morning, after the robberyâI found Bryan there in bedâI said, "You must get up and come with me; I want you to go to the station for being concerned, with others in custody, for robbing a man just about Tower-hill"âhe said, "I know all about the row; I had

nothing to do with it"âto the beat of my recollection he said, "I know about it," or it was, "I heard about it;" I won't be certainâI took him to the stationâhe then said, "I can prove I was in bud at the time."

Cross-examined byMR. RIBTON. Q. You have been examined before the Magistrate, when you mid that he stated, "I heard of it, but I know nothing about it"? A. I won't be exactly certain now whether it was, "I heard," or "I know all about it."

JOHN GREATHEAD (Policeman, H 31). On the morning of 6th January, about a quarter to 3, I saw Bryan at the corner of Christopher-court and Royal Mint-streetâthat is about 200 yards from where the robbery happenedâhe was going up the court to his own houseâthe place where he stood was 200 yards from where the robbery was.

Cross-examined byMR. RIBTON. Q. Are you sure it was a quarter to 3? A. Yes; I beard the clock go three quarters after 2âI heard that at the very time I saw himâI did not hear the clock before I saw himâI saw him going up the court, and heard the clock simultaneouslyâI knew him very well beforeâI did not say anything to himâI am quite sure it was not "one quarter," but "three quarters" after 2âI first said it was three quarters at the Thames Police-courtâI did not hear the other witnesses examinedâI heard, before I was examined, the other parties say the robbery took place at twenty minutes or a quarter to 3âI then gave my evidence before the Magistrate.

COURTtoSTROUD, 156 H. Q. Was any pocket book found or any money? A. Nothing, except 1s. 1 1/2 d. the pocket-books or papers.

NOT GUILTY .

411. ADAM ANDREWS, PATRICK DONOVAN, TIMOTHY MALONE , and JEREMIAH BRYAN , were again indicted for an assault upon Thomas Nennies; to which they severally.

PLEADED GUILTY .â Confined Four Months each.

412. THOMAS REILLEY (17), and JOHN JENKINS, (24) , Felonioualy assaulting Henry Smith, and stealing I watch, from his person.

MR. COOPERconducted the Prosecution.

HENRY SMITH . I reside at Warwick-terrace, Pimlico, and am solicitor to the Conservative Land Society, Norfolk-street, Strandâat about half-past 5 o'clock, on the 19th of January, I was walking up Holborn, on my way homeâI bad my watch at the timeâI wore it with an Albert chain, and fastened with a swivel inside my waistcoat pocket hole when I reached Weston's music-hall, some six or eight men intercepted me in my way, and one of them, the prisoner Reilley, seized my watchâhe was not successful in getting it on the first attemptâanother party called out to him, "Poll it; pull it," at which time I was confined by the arms at the backâI could not say whether by more than oneâat the second attempt, Reilley got the watchâhe did not make a second snatchâhe never loosened his hold until he got the watchâhe obtained it by wrenching the ring and straining the swivel, which was attached to my waistcoat pocketâthe watch was given me afterwards without the ringâhe ran away, and I ran after himâmy arms were loosened as soon as he got the watchâhe did not call out, but ran away at onceâI ran after him, calling out as loudly as I could, "Stop thief! stop thief!" and I saw him until he was given into custodyâI never lost sight of himâI did not see the other man doing anything, at that timeâthere was a scuffle among a crowd of 200 or 300 peopleâPigott had stopped Reilley when I got upâthat was a quarter of an hour or twenty

minutes before the policeman name up, and all the time the crowd was increasingâafter a few minutes I saw Jenkins assaulting Pigottâwe went to the station with Reilley, he being the only one in custodyâa little boy of about ten or eleven years of age, came up to me with my watchâI gave a description of Jenkins to the policeâI saw him a few days afterâI at once recognised him as being the man who was assaulting Pigott when he had Reilley in custodyâI swear positively that Reilley took the watchâhe was some little time before me in making the attemptâthe watch is worth about 15l. without the ring.

Cross-examined byMR. PATER. (For Reilley). Q. You say you were surrounded by six or eight persons? A. Reilley was in front; there was a crowd of themâI was not surrounded by those persons in frontâReilley was the only one in frontâI am quite certain that when the snatch was made at my watch, there was no other person in frontâit was very near Day and Martin's blacking factoryâthere were other persons on my right-hand sideâthey made a crowd round to intercept my passageâmy arms were not pinioned at the first attemptâI did not seize Reilley at all; I could not, my arms were pinioned to give him time to make the second attempt, and some one said, "Pull it; pull it"âI should think about a minute and a half or two minutes elapsed between the second attempt and the time Reilley was taken into custodyâI was but a very little way from himâI never lost sight of himâthe person is here who stopped him.

GEORGE PIGOTT . I live at 32, Nutford-place, Edgeware-road, and am a carpenterâat about half-past 5, on the evening of Monday, the 19th of January, I was walking op Hoi bornâI heard a cry of "Stop thief!"âI saw the prisoner Reilley run awayâI directly turned off the pavement to run after himâI saw a young man put his foot out and throw Reilley over on the groundâI directly caught hold of him by the collar, while he was in a stooping position attempting to get upâJenkins came up to him and stooped downâReilley attempted to hand the watch, and Jenkins got the watchâI could not say where he ran up; he was thereâdirectly he handed the watch, I took hold of JenkinsâI took him with my left armâI allowed him to get up, and got his head under my armâI then took hold of him by the collar, and handed him to some one that came up, saying, "This man has got the watch"âhe said, "Let me go, I have done nothing"âI walked on a few paces, thinking I might see a policeman, and shortly after Jenkins name up and took hold of Reilley by the collar, and said, "Let him go, and I will take him to the station-house"âI said, "Oh, you are one of the same party"âhe began directly to hustle me, and both the prisoners set to kicking me; then Jenkins hit me on the headâI told him I should not let him go, but would hold him until a policeman cameâhe said, "I will smash your head, if you do not let me go," at the same time he took hold of me, putting his knuckles in this way, (describing it) and had not the button given way he certainly would have strangled meâI tried to get the prisoners into a shop, thinking I could manage with them better then, but there were so many round they pulled me, and I could not succeed in getting the prisoners there at allâshortly afterwards the constable came upâJenkins got away somehowâI did not again see him until some days afterwardsâI am quite sure he is the manâI am equally sure that Reilley was the other, and that I saw him parsing the watch to Jenkins.

Cross-examined. Q. Did you see the watch in the hand of Reilley? A. Yesâhe was attempting to pass the watch in this manner, (describing it)âboth of the prisoners were stooping down togetherâthat was after he was tripped upâI saw the watch after he was tripod up, and while he was in a stooping

positionâthe watch was banded to Jenkinsâduring that time I had got Reilley by the collarâthere was no attempt made to escape at that time; he was attempting to get up from the groundâI was kicked by ReilleyâI am quite sure of thatâhe kicked me on the knee and the leg, and so did the other one as wellâI had marks there where they kicked me, but they are healed up now.

COURT. Q. You are quite sure you saw the one try to give the other the watch? A. Quite sure; and I saw the other take it.

Jenkins. I know nothing about the charge; I never saw the man in my life; I am innocent.

Reilly received a good character, and was recommended to mercy by the prosecutor, on the ground that he was the dupe of Jenkins.

REILLYâ GUILTY .â Confined Twelve Months.

JENKINSâ GUILTY .

413. JOHN JENKINS was again indicted for feloniously assaulting William Symonds, and stealing 1 key, 1 rig, and certain monies from his person.

MR. COOPERconducted the Prosecution.

WILLIAM SYMONDS. I am a traveler, and live at No. 15, Goldenâsquare, Regentâstreetâon Tuesday, the 13th January, I was in West Smithfield, at the top of Kingâstreet, between halfâpast 5 and 6âas I was walking along somebody came up and touched me at the back of the hatâJenkins did thatâI am quite sure of thatâat that time there were five or six others in his companyâtwo others took me by the collar of the coat, while Jenkins came and pulled my watchâguard, which was round my neck; the watch was attached to itâhe took away a gold key, a cornelian ring, and a threepenny and a fourpenny piece, very old coinsâthe watch was not taken, in consequence of the chain breakingâthe other things were attached to the chain as "charms"âthe watch was snatched at, and the swivel brokenâI called out, u Police"âI did not seize the prisoner, I seized one that was by the side of me, and the prisoner came and struck me with his left hand upon my left cheekâhe then got away, and the other two made offâthey all got awayâthis (produced) is my hat, which they knocked downâI did not see the prisoner until he was taken into custody on the Friday week followingâthe police sent for me; I identified himâhe was then among five or six other prisonersâI could identify him very clearlyâI am quite positive he is the man.

Prisoner. Q. Whereabouts did you have those two coins attached to your chain? A. It was to this chain (produced)âthe chain was round my neckâmy watch was in my pocketâit was a cornelian ringâthe watch was in my pocketâthe chain and the ring were broken; the chain went through the ring.

Prisoner. I should be ashamed to rob a man like you; I have been bad in my timeâI rob a man as is rich, instead of poor.

GUILTY .**

He was further charged with having been before convicted of felony on the 29th May, 1862, at the Lambeth Police-court, in the name of John Thomas; to which he

PLEADED GUILTY.â Ten Years' Penal Servitude.

THE COURTordered a reward of 3l. to the witness Pigott for his exertions in apprehending the prisoners.

415. HENRY WOOD (22) , Stealing 6 chains, value 20l., the property of William Stevens, in his dwelling-house; to which he

PLEADED GUILTY .â Confined Twelve Months.

416. GEORGE TILLETT (15) , Feloniously forging and uttering a cheque for 55l. 7s. 6d., with intent to defraud.

MESSRS. GIFFARDandBESLEYconducted the prosecution.

THOMAS MILEHAM . I am cashier at the London and County Bank, LombardâstreetâMessrs. Cobden & Co., of Staining-lane, keep an account thenâthis cheque (produced) was presented for payment to me, by a lad, on the 27th November, or about that dateâI cannot positively swear who the lad wasâseeing that the signature differed, I examined it, and turned to speak to a fellow clerk to ask his opinion about it, came back, and found the lad goneâI cannot say who he was; it was a lad.

JOHN EDWARD BAGALLAY . I am one of the cashiers at the London and County BankâI was at the next desk to Mr. Mileham on this day; to the best of my recollection, it was the 24th NovemberâMr. Mileham showed me a chequeâI did not see it passed from the person to him; I saw a person standing at the counter where Mr. Mileham's desk wasâI cannot positively swear to him, but to the best of my belief it was the prisoner.

Cross-examined byMR. LEWIS. Q. How long was he there? A. About five minutes; it might be three.

ROBERT CAMERON . I am a bookâkeeper in the firm of George Cobden & Co., muslin manufacturers, of Staining-laneâthe signature on this cheques is not the signature of any member of the firmâI know the prisoner's hand-writingâhe has been in the service of the firmâto the best of my belief, the body of the cheques is in his handwritingâthe signature is disguised, but in my opinion it is all written by the same person.

Cross-examined. Q. Is there any resemblance to the handwriting of your firm in the signature? A. No, none; the prisoner was in the habit of going frequently to the bank for sums of moneyâhe was in the employment of Messrs. Cobden about nine monthsâI believe there was a character with him; he was a very good boy while he was in their service.

MR. BESLEY. Q. When did he leave? A. About twelve months agoâI do not know what he has been doing during the last twelve months.

GEORGE COBDEN . I am a member of the firm of Cobden & Co., muslin manufacturers, of Staining-laneâthis cheque is not signed by me, or by any of my partnersâI believe the body of the cheque to be written by the prisonerâI never gave him any authority to sign cheques on behalf of our firm.

Cross-examined. Q. I think the Lord Mayor consented to bail him, did he not? A. Yes; I should have been most happy to do so, on account of his father and motherâhis father is a wholesale ironmonger, a highly respectable man.

WILLIAM WHITE EADES . I am cashier at the City Bank, Threadneedle-streetâMr. Henry Salter, of A church-laneâkeeps an account thereâa

cheque was presented there purporting to be signed by him, on 24th November, to the best of my belief, the date of the chequeâI cannot swear who presented it; it was a youthâI turned to a desk to refer to the signature, and when I returned to the counter, he was goneâI cannot identify the person.

Cross-examined. Q. There is no resemblance to the signature, is there? A. It is a very bad imitation, so bad that I was struck with it immediatelyâMr. Salter has drawn cheques on blank paper before.

HENRY SALTER . I am a partnership agent, carrying on business in A Church-lane, the prisoner was in my serviceâI don't know the precise time be cameâhe was there about six monthsâI think he left on 24th Novemberâhe did not returnâI had not the slightest idea that he was about to leave meâthis signature to this 5l. cheque is not mineâI have not authorized any one to sign it on my accountâmy impression is that the whole of it is in the prisoner's handwritingâcannot swear to itâI think the body of the cheque and the signature are written by the same person.

EDWARD FUNNELL . I am a detective City officerâin November last, I received some directions with respect to these cheques, and on 8th January I went in company with an officer to 51, Stamford-street, the residence of the prisoner's fatherâI sent the other officer round to the back part of the premisesâI went to the front door, saw the servant girl, and asked if Mr. Tillett was inâI spoke in a loud tone of voiceâI went down stairsâI did not see the prisoner there, I saw a bat which he afterwards owned, and some writing on the table quite wetâI believe Mr. Mullens has the writingâthe back door was open, and t proceeded into the back yardâI called out to the other officer not to let any one pass, and he said, "I have got the lad"âI went through the yard and found him there in custodyâI went with him back to the kitchen, told him who I was, and that I bad a warrant for his apprehensionâI read it to him, stating what the charge wasâhis mother was very much alerted, and said, "Oh dear, George, what is this, is this something fresh?"âshe wanted to know what it wasâI gave him the warrant, and he read it out loud to his mother, and she begged of him to tell the truth, and asked him was there anyone concerned with himâhe said, "No"âshe said, "Then the letter you have written to your father is not true"âhe said "No, it is not, I have done it myself, and no one else was concerned in it"âat the Mansion House he also said he had done it himself, and no one else was concerned in it.

JAMES MCLEOD (City-policeman, 141). I went with the last witness on 8th January to Stamford-streetâI went round to the back of the premises, and first saw the prisoner coming across a yard in the rear of his father's house, without his hatâI said to him, "Halloo! who are you, what is your name?"âhe said, "What do you want to know for?"âI told him that I was a police officer, and I believed his name was Tillettâhe said, "No, my name is not Tillett, my name is Hudson"âhe said, "I live in that cottage," pointing to a cottage at the rear of his father's house, and if you doubt my word you can take me there, and find that I live there, and that my name is Hudson"âat that time his mother and Funnell came out.

Cross-examined. Q. Don't you know that his name is George Hudson Tillett? A. I don't know.

THOMAS MILEHAM (re-examined). To the best of my recollection the cheque was presented to me about 1 o'clock, between the hours of 12 and 1.

WILLIAM EADES (re-examined). The cheque was presented to me in the latter part of the afternoon, about 3 o'clock I should think it wasâ(Cheques read) "London, November 22d., 1862. London and County Bank, Lombard-street, City. Pay Thomas Wilson, Esq. or order, 55l. 7s. 6d. George Cobden & Co." endorsed"Thomas Wilson." "London, November 24th, City Bank, Threadneedle-street. pay stamps or bearer 5l. J. and Y. Salter. 24/11/62."

MR. LEWIScalled

GEORGE TILLET . I am a wholesale ironmonger and iron founder in Stamford-streetâthe prisoner is my sonâhis name is George Hudson TillettâI recollect hearing of these forgeries, on 24th Novemberâon the Sunday preceding that date, I had occasion to scold my son on account of his going into the kitchen and associating with the servant girlâit was the second or third time I had complained of itâhe also quarreled with his brother and struck himâI had him in a room and talked to himâI said if I found that he did not conduct himself well at home, I should send him to sea or awayâI did not hear of him again after that, until my daughter had a letter from him, from Peterboroughâthis piece of paper (produced) is in his writingâit says, "Make my peace with my father so that he shall not be harsh towards me"âhe had always been a good boy up to that time.

ALFRED CHAPMAN . I am a potato salesman in Farringdon-marketâI know the prisoner Callan, he is a porter in the marketâon 23d January, he was near my stand from about 7 in the morning till half-past 8âthe other prisoner came along and spoke to himâI did not hear what was saidâafter he had spoken, Goude came and looked at some potatoes of mineâhe asked me the price of themâI told him 5l. 15s. the tonâhe agreed to give me 5l. 10s. for a ton, and asked me if I would allow Callan to carry them out, and he would pay for themâhe said he was just going across the market to buy some apples, and he would come back and pay thenâCallan was to carry them out of the market to a cartâGoude said he would pay before the cart went awayâhe then went across the market, and I never saw him again till he was in custodyâCallan proceeded to load the cartâhe took away fourteen sacks of potatoes, they weighed 21cwt and their value was 5l. 15s. 6d.âI saw Callan about three minutes after the last sack was taken away, and asked him who the other man wasâhe told me his name was Clark, and he lived at Paddington, and kept a large shop thereâI said it was strange he did not come back and pay for them, and Callan said he was gone to Tooley-street to buy some apples, and would be back in half an hour's timeâCallan then went away, and I saw nothing more of himâthe sacks were brought back by a boy about 7 o'clock in the eveningâI did not intend to have parted with my potatoes without the moneyâthe reason I let them go was because Callan told me Goude'a name was Clark, and that he kept a large shop it Paddingtonâit was not in Goude's presence that he said that, it was as soon an Goude went awayânothing was said by Goude at allâhe gave me no name or address.

Cross-examined byMR. LANGFORD. (For Goude.) Q. Have you been up to Paddington to look after the shop? A. Yes; I could not find any there of that nameâI did not look for the one of the name of GoudeâI told Callan

that I thought it was strange he did not come back and pay for them, after the potatoes were goneâGoude did not take two minutes buying thanâit was about half-past 8 in the morningâit might have been ten minutes after that, that I told Callan that I thought it was strange he did not come back to payâit was after he had carried them out.

EDWARD PANTHER . I live at 8, Graham-terrace, Macclesfield-street, City-road, and am a carman in the employ of Mrs. Hills, of Fetter-laneâon 23d January I saw both the prisoners at a very few minutes after half-past 8âthey came into my mistress's shopâthey did not speak to me thenâI did not hear them speak to my mistressâI was ordered by her to put the horse in the cartâCallan went and helped me, and asked me to make haste, as they were in a hurryâI then went to the corner of Stonecutter-street, Shoe-lane, which is some forty yards from Mr. Chapman's shopâCallan rode in the cart with meâhe then left me, and in a very few minutes he came back with a sack of potatoes on his backâI saw Goude whilst he was loadingâhe did not speak to meâfourteen sacks were loaded into the cartâGoude was walking round the cart, and in the Vicinity, whilst the loading was going onâwhen the fourteen sacks were in the cart Callan said to him, "There are fourteen sacks, will that be enough?"âGoude said, "Yes," and he directed me to go to Lamb's Conduit-streetâI did not know his name at all at that timeâI went up King's-road towards Lamb's Conduit-street, and when I was going to turn to the right, Goude directed me to go to the left, to Red Lion-streetâhe was walking behind the cart the whole wayâI went to Red Lion-street, and stopped at Mr. Lomas' shopâhe is a greengrocer and potato dealerâGoude went and spoke to Mr. Lomas, and Mr. Lomas said the potatoes were not large enoughâI had directions then to go to Clare-marketâI went thereâGoude rode with meâI stopped at a publicâhouse, and he went awayâwhile he was gone Callan and another man, who helped him carry the sacks in, came up, and Callan asked me where he wasâI told him I did not knowâhe then asked me if I had got any money to stand beerâI told him I had not; I had only enough to buy my breakfast withâGoude same back while we were talking, and put the sample of potatoes that he had taken back, into the sack againâI then went from there to Skinner-street, Somers-townâGoude went away for about a quarter of an hour, and when he returned he said they were as far off as ever.

THE COURTconsidered that there was no evidence of larceny in point of law, and that therefore the prisoners must be acquitted.

NOT GUILTY .

418. HENRY GOUDE and JOHN CALLAN were again indicted for conspiring, together with others unknown, to cheat and defraud Alfred Chapman of 1 ton of potatoes, his goods.

MR. BESLEYconducted the Prosecution.

The evidence of Alfred Chapman, as given in the last case, was read over to him, to which he assented.

Cross-examined byMR. LANGFORD. Q. After you told Callan that you thought it was strange that he did not come back to pay, did you go to look after the cart at all? A. I looked after the cart before.

Callan. Q. You asked me who another man was, a man who was passing at the time? A. No; that is the man that I asked you about.

COURT. Q. When the potatoes had been carried away, he repeated that the man who had taken the potatoes was Clark? A. Yes, he didâhe was not present when the bargain was made with Goude.

EDWARD PANTHER (The evidence of this witness, as given in the last case, was read over to him, to which he assented.)

MR. BESLEY. Q. How did you go to Somers-town? A. The prisoners both rode on the cart to Somers-town, and I rode in front with the other man, who helped to load the cartâI asked them what port of Somers-town they would like to go to, and they told me to pull up at the first public-houseâI don't know who said thatâwhen we got there we all four went into the public-houseâwe were there two or three minutes, and then it was suggested that Goude should go out and sell the potatoesâhe went out, came back in about a quarter of an hour, and said he was as far off as ever, and he was afraid ht should have to take them to Blackfriars-roadâCallan then went out, and in about a quarter of an hour returned, and said he thought he had sold themâI was to go up the second turning on the right in the Euston-roadâI went there with the cartâthey followed me, walking on the pavementâwhen I got to the corner of a court, a young man came out and looked at themâhe said be would buy them, only he was full, and directed them to go and see Mr. Hummerston, who lived in Chapel-street, Somers-town, directly oppositeâCallan went there, and was followed by the other oneâI stopped where I wasâthey came back with Mr. Hummerston, who got on the cart and looked at the potatoesâhe said he would give 4l. a ton if they were all through alikeâGoude said to Callan, "Shall we?"âCallan gave a nod, and as Mr. Hummerston was walking away, Goude halloed out, "Very well, you shall have them"âthe potatoes were then taken into Mr. Hummerston's shop, and shot into other sacksâI then took the empty sacks put them in the cart, and took them to the corner of Ulster-street, Euston-roadâMr. Hummerston has two shops, one on the right, and one on the left, about twenty yards down the streetâit was on the rightâhand side that the potatoes were taken inâI saw Goude come out of the other shop, with the money in his handâI could not swear what the money wasâCallan walked on before the cart, and we met him at the top of Chapel-streetâit was after that, they got in the cart and went to the Euston-roadâwe all went into a public-house together thereâone of them called for a pot of beerâI stood against the counter to drink, and on my turning round, Goude said to the other chap, who had been employed by Callan, "I with you would go out of our company for a few minutes; when we have done our business we will attend to you"'âthe young man came along with me, and seemed somewhat out of temper about itâI then saw Goude and Callan pass money from one to the otherâthey stopped in the bar, but we did not keep close to them; we drew on one sideâafter they had done that, Mr. Goude asked me what was my fareâI him it was above three hours and a half there, and against I got home it would be four hours, which would be 6sâthere was a little argument whether they should pay me back carriage, and Goude said, "Oh, yes, that is all right," and they paid meâGoude gave me three shillings and sixpence; sixpence for myselfâCallan was going to pay me, but said he had got no change, and asked Goude to lend him someâGoude said, "You have got money," and would notâhe then changed a sovereign, and paid me 3s. 6d. tooâI was then going to leave, and Callan said, if any one asked me what I had done with the potatoes, I was to say that I had loaded then into another vanâI said, "Well, I don't know what I shall say; if there is anything wrong, I shall be brought into the mess as well as you"âGoude stood alongside, and said, "It is nothing wrong; only a little on the quiet"âknowing Callan to be a porter at Farringdon-market, I asked him if he was going there thenâhe said, "No"âI took the sacks out of the cart, and left

them thereâI afterwards saw Callan at the justice-roomâhe called me out there, and told me if I would say that he had no transaction with the money, I should not be lostâI made him no reply, but went and told the prosecutor there and then.

Cross-examined. Q. How long did your cart stand at the corner of Stone-cutterâstreet? A. Long enough for two men to carry in fourteen sacks of potatoesâI should say five minutesâI did not hear anything at Lomas's about 6l. being paid for the potatoesâI saw a sovereign thrown on a beer barrel by Goude, at the public-houseâI am sure it was not a shillingâwhen I got home I told the Missus what I had seenâI had barely got home when the prosecutor and another man came inquiring about the potatoes.

THOMAS HURST (City-policeman, 220). On 30th January, I went to 12, Surrey-row, Blackfriars-road, at ten minutes past 11 at nightâMr. Chapman was with meâI saw Goude thereâI first inquired for the name of Clarkâthey said no one lived there of that nameâGoude was sitting on a bed, and I asked Mr. Chapman if he was the manâhe said, "Yes; that is the man"âhe was in the same roomâGoude was about to say something, but I stopped him, and told him I was an officer, and held a warrant for his apprehensionâI cautioned him in the usual wayâhi said, "I know all about the warrant; it is about potatoes; I am the man who got them from Mr. Chapman"âI took him to the station-houseâhe there gave me a letter, and said, "Yon can born it; if you like"âI looked at the direction, and said, "This is your wife"âhe said, "No; it is not my wife"âhe said he had written it, and he wanted it postedâI said I could not post it for himâthis is the letter (produced)âat Smithfield police-station I asked him if the letter was of any consequenceâhe said, "You can open it if you like," and, at his request, it was openedâ(Read: "Friday morning. My dear Ann,âI am sorry to inform you that I am afraid I shall be locked up about those potatoes I bought, so you had better come to Surreyârow as soon as you can I have left the keys of the room with Mrs. Kyso, Yours affectionately, H. G.")âhe told me afterwards that it was his wife to whom the letter was written.

JOHN HUMMERSTON . I am a potato salesman and dealer, carrying on business in Chapel-street, Some-townâI have two shoe thereâon 23d January, I believe, I saw both the prisoners in company with the witness who has been examinedâI should say it was about 11, or shortly afterwardsâthey came to my shed, and asked me if I wanted to buy fourteen sacks of potatoesâI said I did not care about them; I had plenty by meâI called a friend of mine, in the same trade, and told him a man had got fourteen sacks of potatoes for saleâhe went to look at them, said they were very small, and asked me to go and look at them, which I didâbefore that I put some questions to the prisoners about where the potatoes had come from, and Goude said he had them sent by a friend of his out of Kent, and, king the first lot that he ever had, he did not know where to sell themâI give Goude four guineas for themâthe other man was not present at the time I gave him the money.

Callan. Q. You gave me a shilling for unloading them? A. Yes that is the usual thing to do.

GOUDEâ GUILTY .â Confined Eight Months.

CALLANâ GUILTY .â Confined Six Months.

419. SAMUEL LEVY (18), (a foreigner) , Feloniously and carnally knowing and abusing Sarah Levy, a girl under the age of ten years.

MR. HORRYconducted the Prosecution.

GUILTY .â Four Years' Penal Servitude.

Before Mr. Recorder.

ESSEX CASES.

420. BENJAMIN WITTY (27) , Embezzling 5l., the moneys of " The Leather Cloth Company, Limited," his masters; to which he

PLEADED GUILTY .â Confined Six Months.

Before Mr. Common Sergeant.

421. EDWARD DYER (45) , Stealing a brass bearing, value 5s. 3d., the property of the Great Eastern Railway Co., to which he

GEORGE BOUSER (Policeman, M 121). I produce two certificates of marriage, marked "A" and "B"âthey are attached to the depositionsâI carefully examined them with the original registers; the first at St. James's, Bermondsey, the second at St. Alphage, Greenwichâthey are correct copies.

Cross-examined byMR. RIBTON. Q. How did yon examine them with the originals? A. went to the clerk at the churchâI read the entry in the bookâI compared it with the certificateâI took the prisoner in custodyâMr. Woodward desired me to do soâhe is the second husband; he is the prosecutorâI have known the prisoner for the last five yearsâI knew her husband PainâI knew the prisoner at the time of the second marriageâI did not know anything of the second marriage at the time it took place; not in the leastâwhen she was married the second time, she was saleswoman in the Borough-marketâI do not know whether she was in Woodward's employâI have not known her for the last fifteen weeks managing the businessâalthough I knew her, I did not know much about her history (The certificates were here read: (he first was of a marriage on 28th May, 1855, at St. James's Church Bermondsey, between Richard Pain, bachelor, and PhÅbe Martha Wichells, spinster, after banns; and the second of a marriage on 26th August, 1862, at St. Alphage Church, Greenwich, between James Woodward, bachelor, and PhÅbe Wichells, spinster, after banns.)

JANE WALLACE . I am the wife of Henry Wallace, of White-street, Neekinger, Bermondsey, and am the prisoner's sisterâin May, 1855, I was unmarriedâI was present at St. James's, Bermondsey, on 25th May, 1855, when my sister was married to Richard PainâI was a witness to the marriageâmy name was then Jane Wichells.

Cross-examined. Q. Being her sister, you know she was carrying on business for herself after Pain left her in the Borough? A. YesâI know that then Woodward gave her a salary to manage for him before the marriage; it was 15s. a weekâI cannot tell how long she was managing the business in that way for him before they were marriedâI do not know anything about the circumstances under which they were married.

COURT. Q. Did you know your sister living with her first husband?

A. Yes, for seven years, I believeâI knew her living with him up to the time he went away; I believe it was last March.

MR. RIBTON. Q. You know he went away and left her? A. Yesâshe was unable to find out anything about him, and did not know where he went toâshe never heard of him that I know ofâI visited my sister when she was in Woodward's employmentâI cannot say whether she passed as a single woman or a married woman.

JOHN FOSTER . I am a fruit salesman in Hastings marketâI know Richard Pain, fruit salesman at the Borough-marketâthe prisoner is Mrs. painâI know her as living with himâI last saw Richard Pain in the early part of September going through Hastings market, with a young man in the town, an caster, of the name of CorneliusâI had known Pain about three years before that timeâI have not the least doubt that he was the person I then saw.

Cross-examined. Q. You have known Mm for three years? A. Three years or mereâhe was a fruit salesman in the Borough marketâI do not know in the least the circumstances under which he left the prisoner, nor do I know what brought him to Hastings, or what he was doingâthere I was no acquaintance of his, no further than I dealt with himâI was standing by my stall when he went pastâI did not speak to him, it was a distance offâthat is the last time I saw him; he knew me and noddedâI have never said to anybody that I did not see him, or anything of the sortâI know Mrs. Rogers perfectly wellâI never told her I had not sees himâI knew Woodward by his being with Mrs. Pain; that is all I know of himâI never Spoke to himâI had never seen him that I know of.

ISAAC CORNELIUS . I live at Hastings, and am caster to Mr. StubberfieldâI know a person named Richard Painâhe said that he was a market gardener in the BoroughâI saw him last in September; he was then in HastingsâI walked with him from there to the marketâI was in his company it might be two hours, or might be a little over as near as I can get itâI know Mr. Fosterâwhen I went through the market with Mr. Pain, I did not see Mr. FosterâI did not notice him.

Cross-examined. Q. Do you know what Pain was doing there? A. I do notâhe looked very bad; I thought perhaps he was down for his healthâI do not know at all what brought himâwhen I went through the market, he says, "This is a different market to what it was"âI said, "Indeed!"âhe said to me, "My name is Pain, the salesman,"âthat is how I knew itâI had seen him a year or two before in St. Martina's-lane, Londonâhe did not volunteer to tell me his name was Pain; when I was in the road I heard a gentleman sing out, "Mr. Pain!"âin consequence of that he used those words about his being Mr. Painâhe said that to me as we were going along; we went through the marketâI took a walk with him from the seaside up to the marketâwe were perfect strangersâI never saw him before that I know of.

JAMES WOODWARD . I am a salesman in the Borough-market, and live at 8, Stoney-streetâon 20th August I went through the form of marriage with the prisoner at Greenwich ChurchâI believe it is St. Alphageâshe remained with me ten weeksâbefore the marriage was performed I knew that she was a married woman, but I did not know that her husband was aliveâshe used to say that she did not believe he was alive.

Cross-examined. Q. Have you not said you did not know that she was a married woman? A. No; I could not say such a thing as that, because everybody knew Mrs. PainâI knew Pain himselfâI do not know that I ever saw Mrs. Pain on the stand with himâI only knew she was married to him,

from what people saidâI did not see her with himâshe was managing the business for Mr. Pain when I first knew herâI first became acquainted with her in going to Covent Gardenâthat was after Pain had left herâI cannot tell how longâPain, when he was in the market, followed the same business as I am nowâI have got his standâI do not know whether, while he was there, she assisted him in the businessâI know where Pain and his wife lived before the railway came across that broad place; that is where they lived, but I never saw the man go into the houseâafter he went away his stand was soldâI took it of Robert Goodman, the toll-manâit was known that Pain bad leftâI heard people say that Pain was goneâI took the standâ10l., I believe, was paid to Mr. Goodmanâhe paid Mrs. Pain; he took the stand of Mrs. Painâthere was 10l. back-rent; I believe it was 20l. paidâI had to pay him so much a weekâI believe it was 10l. he paid her for what I knowâI was in the room when the articles were drawn upâhaving purchased this stand, Mrs. Pain did not manage the business; she kept the booksâI was no scholarâthat went on some little time before I married herâI cannot tell the exact time; I did not keep an account at the timeâI do not think it was two months; six weeks or two months; I do not say any moreâI do not know that I asked Mrs. Pain to live with me as my mistressâshe wanted me to go partners in the standâI said I would have nothing to do with the stand unless I had it in ray own name, and therefore she thought about living togetherâI have no recollection of asking her such a thingâI have no recollection of asking her to be my mistress, no more then when going into partnershipâI have no recollection of proposing that we should live together as man and wife, without going through the ceremony of marriageâI will only swear I have no recollectionâshe wanted me to take a stand as partners, and I would not take it unless I took it in my own nameâI did not represent to her that Pain was deadâwhen she was standing at the shop, she used to say, she did not believe that Pain was alive, or he would never have gone away like thatâthen we got very intimate together, and she married meâI could not help myselfâI am the prosecutorâI did not at the time that Pain went awayâI knew it was in 1862, from what people saidâI made no inquiries about PainâI lived with Mrs. Pain about eight or ten weeks, after we were marriedâof course I did not pay her the 15s. a week thenâat the end of the ten weeks I did not take it into my head to marry some one else.

Q. Were you not about to be married? A. Not in such a hurry as thatâon my oath, at the end of the ten weeks I was not about to transfer my affections to some one elseâI did not know the party at the end of the ten weeksâI have been keeping company since with a young girlâperhaps the first time I knew her would be two or three weeks after I commenced this prosecutionâI swear thatâI mean to say it was not before that I knew her, not to keep company with herâafter making inquiries About Pain, I heard of his being alive at the end of ten weeksâthe way I heard about Pain was when Mrs. Pain said that Foster had seen him down at Hastingsâshe said that to meâI wanted to know whether it was so or whatâI did not then give her into custodyâupon my oath we had not actually appointed the 3d of February for the second marriage, before I commenced this prosecution against Mrs. Painâwe had not fixed a day to be marriedâI had proposed to the young lady that we would get married some time or otherâthat was before I commenced this prosecution against Mrs. PainâI went down to Hastings with Mrs. Pain to make inquiriesâthat was about two or three weeks before she left, or perhaps only a short time before thatâshe went to her aunt, who said that she had seen Pain over

about Cannon-street, and this aunt told her sister so, and Mrs. Pain told me she never could rest at the time, she was afraid Pain was about, he had been seen at Dockhead and different placesâI never told her anything; it is only what she told meâshe was in such a "flurry," she did not know where to go, whether to go down to her father's or notâI said, "I have got no money, so you must go to some relations"âI advised her to go to the workhouseâthen she turned round and said, "I wish I went to the workhouse in the first place, and found my husband, as my father wanted me to do."

SARAH BENGE . I am the wife of William Benge, of the Mason's Arms, Cannon-row, Woolwichâon Saturday, 3d January, about half-past 5 o'clock, Williams came in for a glass of ale and a screw of tobaccoâhe gave me half a crown, and I gave him 2s. 3 1/2 d. change, in good moneyâI did not like the half-crown, and referred to my potman, who said it was goodâI then put it in a bag, where there was three shillings, but no other half-crownâI afterwards tendered it to Mr. Cole, a grocer, who directly detected it to be badâI brought it home, kept it by itself and gave it to a policeman on Monday morning.

Williams. Q. What did your potman say? A. That it was goodâthat induced me to take itâI did not think it was bad when I tendered it to the grocer.

RICHARD AUSTIN (Policeman, R 49). I received this half-crown from Mrs. Benge (produced).

JOHN LUPLEY . I am landlord of the Golden Cross public-house, Church-street, Woolwichâon 3d January, about 7 in the evening, Williams came and my wife showed me a bad half-crown, which she said she had taken from Williams for some ale and tobaccoâI said that it was bad, and threw it on the counterâWilliams picked it up, put it in his pocket, threw down two half-crowns, and said he could see no differenceâmy wife took the good one, and Williams put the bad one in his pocket and went outâI followed himâHawkins joined himâthere was Borne conversation between them, and Hawkins went into the Black Eagle, while Williams waited outside, on the door-step, and looked through the windowâwhen Hawkins came out they joined together again, and then walked down the street into a pork-Shopâthey had some conversation together, and then went into the Globe public-houseâI gave information to the landlady.

Hawkins. Q. How far from the house did you see me join this man? A. Perhaps twenty, perhaps forty yardsâthe street was very crowdedâI saw you both together talking outside the Black Eagle for six or seven minutes before you went inâyou joined together in the same street as my house.

RICHARD RUHORST . I am a medical student, and reside with my father, who keeps the Globe, at Woolwichâon the night of 3d January, I was in the sitting-room, and saw the prisoners in front of the barâI received information, and kept my eye on them; when they left I followed themâthey went down towards Mr. Carter's, the Roebuckâthey passed it, and turned back again in conversation; they then turned again, and Williams went into the Roebuck, while Hawkins walked up and down outsideâI went in and made a communication to Mr. Carter, who held up a 2s. pieceâI said

to Williams, "This is not the first time you have passed bad money"âI did not hear what he said, as I went for a policeman and met Hawkins face to faceâMr. Carter detained Williams insideâHawkins was gone when I returned.

Williams. Q. Had you ever seen me before that night? A. No; but I had been informed that you had been passing bad money by my brotherâyou passed bad money in his house; he showed you to meâI did not tell the Magistrate that my brother did not see you pass it, but he was informed of it.

Hawkins. Q. How long did you see me before I was in custody? A. An hour and a half, I think, but I am not certainâI saw you stop in front of the door, perhaps three minutes after Williams entered the house.

WILLIAM CARTER . I am landlord of the Roebuck, Church-street, Wool-whichâon 3rd January, about 8 in the evening, I served Williams with a glass of aleâhe tendered a florin; I bit it, bent it, and told him it was badâhe gave me a good oneâI gave him the change, sent for a policeman, and gave him into custody, with the florin.

MICHAEL HART (Policeman, R 212). On Saturday night, 3rd January, I took Williams in custody at Mr. Carter's, and received the florinâI searched him at the station, and found on him three shillings, a sixpence, and three three penny pieces, and fourpenny in copper.

HENTRY WALLACE (Policeman, R 143). On 3rd January, at half-past 9 at night, I was in Church-street, Woolwich, and saw HawkinsâI asked him where he was going; he said, "Home"âI said, "Where?"âhe said, "To my lodgings"âI said, "Where?"âhe said, "Anywhere, where you like"âI said, "You must accompany me to the police-station"âhe said, "I don't know that I shall; what for?"âI said, "For being in company with a man, who is now locked up for passing bad coin"âI took hold of him; he resisted, but afterwards told me that he would walk quietlyâwhen he got to the station, he pointed to Williams's cap, which was on the mantelpiece, and said, "That is the man's hat whom I was in company with"âI found on him 6s. 9d. in silver, and 1s. 10d. in copper, four oranges, and two saveloysâthere was one florin, but the majority of the coin was fourpenny pieces, and threepenny pieces.

Hawkins. Q. Did I not tell you that I had a pint of porter with the man, and that was all? A. No.

WILLIAM WEBSTER . This florin and half-crown are bad.

The prisoners' statements before the Magistrate were here read as follows:âWilliams says, "The half-crown I know nothing about; the two-shilling piece I did not know was badâI was not in Mr. Lupley's house"âHawkins says, "I know nothing about it, or Williams."

Williams's Defence. I did not know that the 2s. piece was bad; the woman said at the police-station that I was very much like the man, but she could not swear to me; I never saw this prisoner before that night, when I asked him where I could get a lodging, and said that I would give him a pint of beer; he walked down the street with me, and bade me "Good night."

Hawkins's Defence. When William first joined me, he was behind me, and said, "Governor, can you tell me where I can get a lodging? I said, "At the public-house;" he said that he came from Gravesend, and was on the tramp; he asked me if I would have a share of a pint of porter; I went with him; we stopped a quarter of an hour or twenty minutes; I then walked with him to a public-house to get a lodging; he did nothing wrong; I never saw him before; the money found on me was good.

GUILTY .â Confined Fifteen Months each.

424. JAMES DILLEY (57) , Stealing 6 files and 1 brass nut, the property of Her Majesty the Queen.

MR. CLERKconducted the Prosecution.

WILLIAM JACKSON . I am a constable of the dockyard divisionâon 17th January, about half-past 8 in the morning, I was on duty at the Marshgate, and saw the prisoner coming towards the gate to go outâI could see by the way he walked that he had some weight about himâI called him into the lobby and asked him what he had got under his coatâhe made no answerâI searched him, and found these six files, wrapped up in a packet, in his inside coat-pocket (produced)âI asked him how he came in possession of themâhe made no answer, but trembled very muchâhe afterwards said that he found them among the storesâI then found this piece of brass, weighing 7 lbs. and three-quarters, in the back of his trousersâI took him to the station, asked his address, and he said, 2, Windsor-terrace, Maxley-road, PlumsteadâI went there with an officer, named Sergeant, and found thirty files in two different cupboards in the roomâthe shanks of some of them were broken off, and on others the broad arrow was partly hammered outâtwo of them had the marks of the broad arrow.

JOHN SERGEANT. I am a constable of WoolwichâI went with Jackson to the prisoner's address, and saw the files and this bar, marked with a broad arrowâI saw him find some of the files in the coal-cupboard, and put them in a basket.

MR. CHILD. I am foreman in the carriage department, Royal Arsenalâthese six files are all marked with the broad arrow, and are all Her Majesty's propertyâthey are used in different parts of the Arsenal, and are worth about ten shillingsâthese thirty files found at the house are the came descriptionâthere is the same maker's name on them, and on two of them is still the broad arrowâthey are all newâsome of them have been hammered where the broad arrow is usually stamped, and some of them have the shank cut offâthey are by two makers, Harrill and Johnsonâboth of them make for the Arsenalâthis nut belongs to the elevating screw of an old 23-pounder gunâit belongs to the arsenalâworkmen are not allowed to remove such things from thereâthe prisoner does not belong to my department, but I know he has been employed in the Arsenal in some other departmentâthe screw is worth six or seven shillings, and the thirty tiles about fifty shillingsâthe prisoner was an unskilled labourer.

The prisoner's statement before the Magistrate was here read at follow:â"I have nothing to say about them; the files found at my house no one know anything about but myself."

Prisoners Defence. I beg for mercy.

GUILTY .â Confined Six Months.

425. JAMES ELLIS (34) , Unlawfully damaging 1 pane of plate-glass, value 8l. 8s., and divers watches and chains, value 15l., the property of John Fenn, to which he

PLEADED GUILTY .â Confined Twelve Months.

426. WILLIAM HENDERSON (57) , Stealing 1 carpet-bag, value 2s. 9d., the property of Thomas Pacey Birts, to which he

PLEADED GUILTY .â Confined Four Months.

427. SARAH ANN BARRETT (40) , Stealing 1 lamp, 4 bottles of champagne, value together 6l., the property of George James Voudodelzen, her master; and 1 tray-cloth, 2 table-cloths, and other articles, the property of William Hine Haycock, her master, having been before convicted of felony, to which she

PLEADED GUILTY .â Six Years' Penal Servitude.

428. JAMES HOWDEN (38) , Feloniously forging and uttering a request for the payment of 1l. 2s., with intent to defraud; to which he

PLEADED GUILTY .*â Confined Nine Months.

429. GEORGE SUMMERS (17) , Stealing 1 mare, value 4l., the property of George William Pinnock, to which he

PLEADED GUILTY .â Confined Twelve Months.

Before Mr. Common Serjeant.

SURREY CASES.

430. WILLIAM UARLEY (30) , Feloniously setting fire to 1 haystack, the property of Charles Rush to which he

PLEADED GUILTY .â Confined Eighteen Months.

431. THOMAS MALONE (38) , Feloniously forging and uttering an order for the payment of 3l. 15s. 2d., with intent to defraud; also an authority for the payment of 3l. 8s., with the like intent; to both which he

PLEADED GUILTY .â Confined Twelve Months.

432. JAMES WILSON (51) , Unlawfully uttering counterfeit coin; to which he

PLEADED GUILTY .*â Confined Nine Months.

433. HENRY THOMAS WORRALL (22) , Embezzling the sums of 5l. 16s., 7l. 0s. 2 1/2 d., and 2l., the moneys of James Phillips; to which he

ALEXANDER INGLIS . My brother manages the Carpenter's Arms, in George-street, CamberwellâI was there on Saturday night, 10th January, when the prisoner came in with a man; they came togetherâthe man asked for a pint of ale, and gave me a half-crown in paymentâI placed it in the till; there was other silver there, but no other half-crownâI gave the man the changeâthey drank the beer and went away togetherâshortly afterwards

I went to the till, saw the half-crown, found it was bad, and bent itâit was afterwards given to the constable, who is hereâon the following Saturday, 17th January, the prisoner came again, aloneâI was not there when she first came in; my brother was at the bar; he is hereâhe called me out to see if I recognised herâshe said she did not know the coin was bad, and that she had taken it from a man who had just given her three half-crownsâa constable was sent for, and she was given into custodyâI am quite sure she is the woman who was there on the Saturday beforeâI told her she was in with a man when I took a bad half-crown on the previous Saturday, and she must wait till a constable was sent forâshe said I must be mistakenâthis is the half-crown I took out of the till (produced.)

Cross-examined byMR. COOPER. Q. You had never seen her before, I suppose, at your house? A. No; not to my knowledgeâI don't know which came in first, she or the man.

COURT. Q. Did they wait a reasonable time drinking their beer at the bar? A. Yes; they were in no hurry to be offâit rained at the timeâthe man put down the half-crownâhe was rather a short man, dressed respectably, with a black coat and hat on.

JAMES INGLIS . I am brother to the last witnessâon Saturday, 17th January, the prisoner came to the Carpenter's Arms alone, and asked me for a glass of ale, and gave me a half-crownâI looked at it; it was badâI sent for my brother, and then told the prisoner it was badâshe said she was not aware of itâmy brother said something to her, but I could not be sure of the wordsâa policeman was sent for, and she was given into custodyâI gave the bad half-crown I received to the constable.

Cross-examined. Q. Had you ever seen her before? A. No.

GEORGE WARMAN (Policeman, P 210). The prisoner was given into my custody at the Carpenter's ArmsâI received these two half-crownsâthe prisoner gave me her purseâthere were two good half-crowns in itâI asked her how she accounted for this bad half-crown, and she said she had lately turned out unfortunate, and a gentleman gave her the three half-crownsâthere was nothing else found on her.

WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mintâthese half-crowns are both bad and from the same mould.